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september 1978

Supreme Court of India · 1978-09-12

ORIENTAL GAS CO. LTD. & ORS. vs STATE OF WEST BENGAL

Citation / case number
SC 1971/60366
Court
Supreme Court of India
Petitioner
ORIENTAL GAS CO. LTD. & ORS.
Respondent
STATE OF WEST BENGAL
Bench
CHANDRACHUD, Y.V. (CJ),SARKARIA, RANJIT SINGH,UNTWALIA, N.L.,REDDY, O. CHINNAPPA ,SEN, A.P.

Judgment text excerpt

The Supreme Court upheld the validity of Section 8(1)(b) and Section 9(2) of the Oriental Gas Company Act, 1970, which provided for the determination of compensation for the acquisition of a public utility undertaking based on capitalisation of net income. The Court ruled that the method of calculating compensation was not arbitrary and that the principles of compensation were consistent with the obligations of public utility services. The writ petition challenging the vires of these sections was dismissed, affirming the legislative intent behind the compensation framework.

ORIENTAL GAS CO. LTD. & ORS. vs STATE OF WEST BENGAL · Niyam