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december 1963

Supreme Court of India · 1963-12-19

STATE OF BHOPAL AND ORS. vs CHAMPALAL AND ORS.

Citation / case number
SC 1959/211
Court
Supreme Court of India
Petitioner
STATE OF BHOPAL AND ORS.
Respondent
CHAMPALAL AND ORS.
Bench
SINHA, BHUVNESHWAR P.(CJ),WANCHOO, K.N.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that Section 4 of the Bhopal Reclamation and Development of Land (Eradication of Kans) Act, 1954, violates Article 19(1)(f) of the Constitution by imposing unreasonable restrictions on property rights, as it does not allow landowners to contest the classification of their land as kans-infested. The Court also found that the possession taken by the Reclamation Officer constitutes a 'taking' under Article 31(2), rendering the provisions unconstitutional due to lack of compensation. Furthermore, the Court ruled that demands for contributions under Section 7 were illegal due to non-compliance with mandatory provisions of the Act, leading to the dismissal of the State's appeal.

STATE OF BHOPAL AND ORS. vs CHAMPALAL AND ORS. · Niyam