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march 1964

Supreme Court of India · 1964-03-03

STATE OF MADRAS vs D. NAMASIVAYA MUDALIAR AND OTHERS

Citation / case number
SC 1963/83
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
D. NAMASIVAYA MUDALIAR AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.

Judgment text excerpt

The Supreme Court examined the validity of the Madras Lignite (Acquisition of Land) Act, 1953, in light of Article 31 of the Constitution as it stood before the Fourth Amendment. The Court held that the compensation provisions, which fixed compensation based on market value as of August 28, 1947, and excluded non-agricultural improvements made after that date, were arbitrary and violated Article 31(2). The Court upheld the High Court's decision that the Act's compensation scheme did not provide just compensation, thus rendering the Act unconstitutional.

STATE OF MADRAS vs D. NAMASIVAYA MUDALIAR AND OTHERS · Niyam