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february 1984

Supreme Court of India · 1984-02-22

H. D. VORA vs STATE OF MAHARASHTRA & ORS.

Citation / case number
SC 1984/68366
Court
Supreme Court of India
Petitioner
H. D. VORA
Respondent
STATE OF MAHARASHTRA & ORS.
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that an order of requisition under clause (a) of sub-section (4) of Section 6 of the Bombay Land Requisition Act, 1948, ceases to be valid after a reasonable period, which cannot extend to thirty years in this case. The Court emphasized that requisitioning must be for a public purpose, and if challenged, the State must demonstrate the public purpose. The distinction between requisition and acquisition was reaffirmed, highlighting that requisition does not confer full ownership rights and must be justified by current public needs.

H. D. VORA vs STATE OF MAHARASHTRA & ORS. · Niyam