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october 1964

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.

N. B. JEEJEEBHOY vs ASSISTANT COLLECTOR, THANA PRANT, THANA · Niyam