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august 1984

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.

SETH MANNALAL SURANA MEMORIAL TRUST vs IST LAND ACQN.COLLECTOR . · Niyam