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april 1962

Supreme Court of India · 1962-04-04

TRUST MAI LACHMI SIALKOTI BRADRI vs THE CHAIRMAN, AMRITSAR IMPPOVEMENTTRUST

Citation / case number
SC 1961/77
Court
Supreme Court of India
Petitioner
TRUST MAI LACHMI SIALKOTI BRADRI
Respondent
THE CHAIRMAN, AMRITSAR IMPPOVEMENTTRUST
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the Amritsar Improvement Trust's scheme for property acquisition under the Punjab Development and Damaged Areas Act, 1951 was without jurisdiction as the area in question was not declared a 'damaged area' under Section 2(d) of the Act. The Court clarified that a prior notification under the Punjab Damaged Areas Act, 1947 could not be deemed sufficient to validate the scheme. Consequently, the proceedings for acquisition were deemed illegal, and the appellant was not barred from challenging the scheme under Section 5(4) of the Act due to a complete lack of jurisdiction.

TRUST MAI LACHMI SIALKOTI BRADRI vs THE CHAIRMAN, AMRITSAR IMPPOVEMENTTRUST · Niyam