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april 1985

Supreme Court of India · 1985-04-08

STATE OF RAJASTHAN & ORS. vs SWAIKA PROPERTIES & ANR.

Citation / case number
SC 1985/67010
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN & ORS.
Respondent
SWAIKA PROPERTIES & ANR.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the Calcutta High Court lacked jurisdiction to entertain a writ petition under Article 226 regarding a land acquisition notification issued under Section 52(1) of the relevant Act. The Court emphasized that the service of notice under Section 52(2) is not an integral part of the cause of action for such petitions. The Court further stated that ad-interim prohibitory orders should not be granted lightly, especially when they impede government development schemes, as this undermines public interest and national development.

STATE OF RAJASTHAN & ORS. vs SWAIKA PROPERTIES & ANR. · Niyam