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november 1963

Supreme Court of India · 1963-11-05

JAYANTILAL AMRIT LAL SHODHAN vs F.N. RANA AND OTHERS

Citation / case number
SC 1963/123
Court
Supreme Court of India
Petitioner
JAYANTILAL AMRIT LAL SHODHAN
Respondent
F.N. RANA AND OTHERS
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the President's notification under Article 258(1) of the Constitution, which entrusted functions to State officers, has the force of law as per Section 87 and Section 2(d) of the Bombay Reorganisation Act, 1960. The Court clarified that such notifications effectively amend the relevant Act, allowing the Commissioner to act under the Land Acquisition Act, 1894. The appellant's challenge regarding the necessity of consent from the newly formed State of Gujarat was dismissed, affirming the validity of the acquisition process initiated by the Commissioner.

JAYANTILAL AMRIT LAL SHODHAN vs F.N. RANA AND OTHERS · Niyam