Supreme Court of India · 1979-10-25
STATE OF PUNJAB vs GURDIAL SINGH & ORS.
- Citation / case number
- SC 1978/90271
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- GURDIAL SINGH & ORS.
- Bench
- KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the acquisition of land under the Land Acquisition Act, 1894, specifically Sections 4, 5A, 6, and 17, was invalid due to mala fides. The Court emphasized that compulsory acquisition of property must adhere to principles of fairness and cannot be executed without a proper hearing unless in genuine emergencies. The Court found that the state's invocation of emergency powers was a misuse aimed at personal ends rather than legitimate statutory purposes, thereby violating Articles 14 and 19 of the Constitution.