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may 1989

Supreme Court of India · 1989-05-12

VIJ RESINS PVT. LTD. & ANR. ETC. vs STATE OF JAMMU & KASHMIR & ORS.

Citation / case number
SC 1986/69690
Court
Supreme Court of India
Petitioner
VIJ RESINS PVT. LTD. & ANR. ETC.
Respondent
STATE OF JAMMU & KASHMIR & ORS.
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Jammu & Kashmir Extraction of Resin Act, 1986, specifically Sections 3, 4, and 5, ruling that the rights granted to the petitioners under government orders constituted property under Article 19(1)(f) and Article 31(2) of the Constitution. The Court emphasized that compensation must be provided before any property can be taken, reinforcing the principle that the right to property includes the right to appropriate usufruct from trees. The Writ Petitions challenging the Act were dismissed, affirming the state's authority to regulate resource extraction while ensuring compensation for expropriation.

VIJ RESINS PVT. LTD. & ANR. ETC. vs STATE OF JAMMU & KASHMIR & ORS. · Niyam