Supreme Court of India · 1967-09-07
UNION OF INDIA vs KAMLABHAI HARJIWANDAS PAREKH & OTHERS
- Citation / case number
- SC 1966/60113
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- KAMLABHAI HARJIWANDAS PAREKH & OTHERS
- 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 held that Section 8(3)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952, is arbitrary and violates Article 31(2) of the Constitution. The Court found that the method of compensation prescribed in the section lacks a rational basis and does not adequately reflect the market value of the property at the time of acquisition. Consequently, the High Court's ruling declaring Section 8(3)(b) ultra vires was upheld, rendering the provision void.