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april 1977

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.

NATIONAL TEXTILE CORPORATION AND ANOTHER vs STATE OF MAHARASHTRA AND OTHERS · Niyam