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april 1968

Supreme Court of India · 1968-04-23

BALAMMAL & ORS. ETC. vs STATE OF MADRAS & ORS.ETC.

Citation / case number
SC 1965/309
Court
Supreme Court of India
Petitioner
BALAMMAL & ORS. ETC.
Respondent
STATE OF MADRAS & ORS.ETC.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Clause 6(2) of the Schedule to the Madras Act 37 of 1950, the statutory solatium of 15% under Section 23(2) of the Land Acquisition Act, 1894 is not payable for certain types of land. The Court ruled that the provisions of the new Act, which repealed the earlier Act, do not violate Article 14 of the Constitution. The Court concluded that compensation based on market value as of the notification date under Section 47 is a 'just equivalent' despite any time lag before possession is taken.

BALAMMAL & ORS. ETC. vs STATE OF MADRAS & ORS.ETC. · Niyam