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march 1980

Supreme Court of India · 1980-03-28

HIMALAYAN TILES & MARBLES (P) LTD. vs FRANCIS VICTOR COUTINHO (DEAD) BY LRS & ORS.

Citation / case number
SC 1971/60362
Court
Supreme Court of India
Petitioner
HIMALAYAN TILES & MARBLES (P) LTD.
Respondent
FRANCIS VICTOR COUTINHO (DEAD) BY LRS & ORS.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that the appellant, a private company, was a 'person interested' under Section 18(1) of the Land Acquisition Act, 1894, and thus had the locus standi to appeal against the quashing of land acquisition proceedings. The Court clarified that the definition of 'person interested' is inclusive and should be liberally construed to include those with a direct or indirect interest in the land or compensation. The appeal was dismissed, affirming the High Court's decision that the acquisition for a private company did not constitute a valid public purpose under Section 4 of the Act.

HIMALAYAN TILES & MARBLES (P) LTD. vs FRANCIS VICTOR COUTINHO (DEAD) BY LRS & ORS. · Niyam