Supreme Court of India · 1984-08-30
SETH MANNALAL SURANA MEMORIAL TRUST vs IST LAND ACQN.COLLECTOR .
- Citation / case number
- SC 1983/65021
- Court
- Supreme Court of India
- Petitioner
- SETH MANNALAL SURANA MEMORIAL TRUST
- Respondent
- IST LAND ACQN.COLLECTOR .
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947, cannot be converted into a permanent statute through repeated renewals, as this would amount to indirect acquisition of property under Section 49(1) of the Land Acquisition Act, 1942. The Court emphasized the distinction between 'requisition' and 'acquisition', stating that requisition is for a limited period while acquisition transfers title. The Court found the State's actions improper and malafide, violating Articles 14 and 19(1)(g) of the Constitution, as the petitioner was unjustly deprived of using his property for business purposes.