Supreme Court of India · 1977-04-12
NATIONAL TEXTILE CORPORATION AND ANOTHER vs STATE OF MAHARASHTRA AND OTHERS
- Citation / case number
- SC 1976/61022
- Court
- Supreme Court of India
- Petitioner
- NATIONAL TEXTILE CORPORATION AND ANOTHER
- Respondent
- STATE OF MAHARASHTRA AND OTHERS
- Author
- A.C. GUPTA
- Bench
- A.C. GUPTA
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that notifications issued under Sections 4 and 6 of the Land Acquisition Act do not constitute incumbrances as defined under Section 4(2) of the Sick Textile Undertakings (Nationalisation) Act, 1974. The Court clarified that 'incumbrance' refers specifically to burdens or liabilities like mortgages or liens, and not to notifications that merely facilitate acquisition. Consequently, the notifications remain operative despite the vesting of the land in the Central Government, affirming the High Court's decision.