Supreme Court of India · 1984-11-28
STATE OF MAHARASHTRA ETC. ETC. vs MRS. KAMAL SUKUMAR DURGULE AND ORS. ETC.
- Citation / case number
- SC 1980/63428
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA ETC. ETC.
- Respondent
- MRS. KAMAL SUKUMAR DURGULE AND ORS. ETC.
- Bench
- CHANDRACHUD, Y.V. ((CJ),FAZALALI, SYED MURTAZA,TULZAPURKAR, V.D.,REDDY, O. CHINNAPPA ,VARADARAJAN, A.
Judgment text excerpt
The Supreme Court examined the constitutional validity of the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 under Articles 14, 19(1)(f), and 31 of the Constitution. The Court held that the Act lacked proper guidelines for the exercise of discretion, classification, and notice to affected persons, rendering it unconstitutional. The subsequent rules framed did not cure the Act's unconstitutionality, leading to the conclusion that the Act was invalid.