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february 1968

Supreme Court of India · 1968-02-19

AMBALAL PURSHOTTAM ETC. vs AHMEDABAD MUNICIPAL CORPORATION & ORS.

Citation / case number
SC 1967/421
Court
Supreme Court of India
Petitioner
AMBALAL PURSHOTTAM ETC.
Respondent
AHMEDABAD MUNICIPAL CORPORATION & ORS.
Author
C. SHAH
Bench
J.C. SHAH

Judgment text excerpt

The Supreme Court held that the compulsory acquisition of land for public purpose under the Land Acquisition Act does not infringe fundamental rights under Articles 19 and 31(2) of the Constitution. The Court clarified that the Municipality had the authority under Section 114 of the Bombay Municipal Boroughs Act, 1925, to request land acquisition without needing to attempt private purchase first. The tenants-appellants, having no rights in the land as they were lessees of temporary structures erected post-notification under Section 4, were directed to seek compensation through appropriate authorities rather than through writ petitions.

AMBALAL PURSHOTTAM ETC. vs AHMEDABAD MUNICIPAL CORPORATION & ORS. · Niyam