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).