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january 1967

Supreme Court of India · 1967-01-18

BEJOY LAKSHMI COTTON MILLS LTD. vs STATE OF WEST BENGAL AND ORS.

Citation / case number
SC 1964/90512
Court
Supreme Court of India
Petitioner
BEJOY LAKSHMI COTTON MILLS LTD.
Respondent
STATE OF WEST BENGAL AND ORS.
Author
RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Bench
RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that notifications under Section 4 and declarations under Section 6 of the West Bengal Land Development and Planning Act, 1948, must reflect the Governor's personal satisfaction as mandated by Article 154(1) of the Constitution. The Court found that the authentication of these documents by subordinate officials did not satisfy the constitutional requirement, leading to the conclusion that the proceedings were void. Consequently, the Court upheld the Single Bench's decision to quash the notification and declaration due to non-compliance with the Standing Order issued under Article 166(3).

BEJOY LAKSHMI COTTON MILLS LTD. vs STATE OF WEST BENGAL AND ORS. · Niyam