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.