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september 1972

Supreme Court of India · 1972-09-06

JAGDISH CHAND RADHEY SHYAM vs THE STATE OF PUNJAB AND OTHERS

Citation / case number
SC 1967/17
Court
Supreme Court of India
Petitioner
JAGDISH CHAND RADHEY SHYAM
Respondent
THE STATE OF PUNJAB AND OTHERS
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that Section 9 of the Capital of Punjab (Development and Regulation) Act, 1952, which allows forfeiture of consideration money for non-payment and resumption of the site, is violative of Article 14 of the Constitution of India due to its discriminatory nature and lack of guidelines. The Court emphasized that the government can only enforce a charge on the property under the Transfer of Property Act, which provides for relief against forfeiture, unlike Section 9. The Court ruled that the provisions of Section 9 impose unreasonable restrictions on the right to property, violating Article 19(1)(f).

JAGDISH CHAND RADHEY SHYAM vs THE STATE OF PUNJAB AND OTHERS · Niyam