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april 1989

Supreme Court of India · 1989-04-13

MAHARASHTRA STATE ELECTRICITY BOARD vs THANA ELECTRIC SUPPLY CO. & OTHERS.

Citation / case number
SC 1985/67099
Court
Supreme Court of India
Petitioner
MAHARASHTRA STATE ELECTRICITY BOARD
Respondent
THANA ELECTRIC SUPPLY CO. & OTHERS.
Bench
PATHAK, R.S. (CJ),MUKHARJI, SABYASACHI ,NATRAJAN, S. ,VENKATACHALLIAH, M.N. ,RANGNATHAN, S.

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that Sections 4, 5, and 6 of the Indian Electricity (Maharashtra Amendment) Act, 1976, and Section 2 of the Indian Electricity (Maharashtra Amendment and Validation) Act, 1974, were unconstitutional as they violated Articles 14 and 19(1)(f) of the Constitution. The Court found that the amendments did not meet the requirements of Article 31C for protection against constitutional challenges, as there was no declaration that they aimed to further the directive principles under Article 39(b). The Court affirmed that the State could not unilaterally alter the terms of a consensual agreement regarding compensation for the takeover of the electricity undertaking.

MAHARASHTRA STATE ELECTRICITY BOARD vs THANA ELECTRIC SUPPLY CO. & OTHERS. · Niyam