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february 1964

Supreme Court of India · 1964-02-14

R. L. ARORA vs STATE OF UTTAR PRADESH AND OTHERS

Citation / case number
SC 1962/110
Court
Supreme Court of India
Petitioner
R. L. ARORA
Respondent
STATE OF UTTAR PRADESH AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the amended sections 40 and 41 of the Land Acquisition Act, 1961, which allow acquisitions for companies without a public purpose, violate Article 31(2) and Article 19(1)(f) of the Constitution. The Court emphasized that if a statutory provision is capable of only one interpretation that contravenes constitutional provisions, it must be struck down. The Court ruled that the amendments made unreasonable discrimination between acquisitions before and after July 20, 1962, thus invalidating the amendments.

R. L. ARORA vs STATE OF UTTAR PRADESH AND OTHERS · Niyam