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october 1967

Supreme Court of India · 1967-10-30

RAI BAHADUR GANGA BISHNU SWAIKA & ORS. vs CALCUTTA PINJRAPOLE SOCIETY & ORS.

Citation / case number
SC 1965/172
Court
Supreme Court of India
Petitioner
RAI BAHADUR GANGA BISHNU SWAIKA & ORS.
Respondent
CALCUTTA PINJRAPOLE SOCIETY & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that under Section 6 of the Land Acquisition Act, 1894, the declaration of land acquisition does not need to explicitly state the Government's satisfaction regarding the necessity for acquisition. The Court clarified that the phrase 'it appears to the Governor' is sufficient and does not invalidate the declaration. The Court upheld the validity of the declaration despite the High Court's ruling, emphasizing that satisfaction is a condition precedent but need not be articulated in the declaration itself.

RAI BAHADUR GANGA BISHNU SWAIKA & ORS. vs CALCUTTA PINJRAPOLE SOCIETY & ORS. · Niyam