Supreme Court of India · 1967-09-15
DEPUTY COMMISSIONER AND COLLECTOR, KAMRUP& ORS. vs DURGA NATH SARMA
- Citation / case number
- SC 1966/60107
- Court
- Supreme Court of India
- Petitioner
- DEPUTY COMMISSIONER AND COLLECTOR, KAMRUP& ORS.
- Respondent
- DURGA NATH SARMA
- Author
- WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
- Bench
- WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Judgment text excerpt
The Supreme Court examined the constitutional validity of the Assam Acquisition of Land for Flood Control and Prevention of Erosion Act, 1955, and its validating Act, 1960, under Articles 14 and 31(2) of the Constitution. The Court held that the compensation provisions under Section 6 of the 1955 Act were inadequate and illusory, violating the rights of landowners. Consequently, the Court upheld the High Court's decision declaring both Acts unconstitutional, as they did not provide just compensation as mandated by Article 31(2).