Supreme Court of India · 1964-10-05
N. B. JEEJEEBHOY vs ASSISTANT COLLECTOR, THANA PRANT, THANA
- Citation / case number
- SC 1962/62
- Court
- Supreme Court of India
- Petitioner
- N. B. JEEJEEBHOY
- Respondent
- ASSISTANT COLLECTOR, THANA PRANT, THANA
- Author
- SUBBARAO, K.,WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,SIKRI, S.M.
- Bench
- SUBBARAO, K.,WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the compensation for land acquired under the Land Acquisition (Bombay Amendment) Act, 1948, was arbitrary as it was based on the value of the land as of January 1, 1948, rather than the date of the Section 4 notification under the Land Acquisition Act, 1894. The Court found that this approach violated Section 299(2) of the Government of India Act, 1935, which mandates just equivalent compensation for acquired property. Consequently, the Bombay Amendment Act was declared void and not saved by Articles 31(5)(a) or 31-A of the Constitution of India, as it was not an existing law at the commencement of the Constitution.