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april 1975

Supreme Court of India · 1975-04-08

HARSOOKDAS BALKISSENDAS vs THE FIRST LAND ACQUISITION COLLECTOR & ORS.

Citation / case number
SC 1970/60138
Court
Supreme Court of India
Petitioner
HARSOOKDAS BALKISSENDAS
Respondent
THE FIRST LAND ACQUISITION COLLECTOR & ORS.
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court interpreted Section 49(2) of the Land Acquisition Act, affirming that it applies to both land with and without buildings, thus rejecting the appellant's claim that it was limited to built land. The Court held that the claim for compensation under Section 23(1) was valid, and the requirement for public purpose under Section 49(2) does not necessitate a fresh declaration. The appeal was dismissed, confirming the government's authority to acquire the entire land based on the opinion of unreasonableness of the claim.

HARSOOKDAS BALKISSENDAS vs THE FIRST LAND ACQUISITION COLLECTOR & ORS. · Niyam