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july 1994

Supreme Court of India · 1994-07-15

YOGENDRA PAL vs MUNICIPALITY, BATHINDA

Citation / case number
SC 1986/67733
Court
Supreme Court of India
Petitioner
YOGENDRA PAL
Respondent
MUNICIPALITY, BATHINDA
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court ruled that Section 192(1)(c) of the Punjab Municipal Act, 1911 and Section 203(1)(c) of the Haryana Municipal Act, 1973 are unconstitutional as they violate Article 14 of the Constitution by allowing the Municipal Committee to transfer land without clear guidelines on compensation. The Court emphasized that the term 'transferred' was effectively an acquisition, and the lack of compensation for land below 25% of the owner's holding was discriminatory. The judgment overruled Om Prakash v. Municipality of Bhatinda, AIR (1980) P&H, 254, establishing that public benefit does not negate the need for fair compensation to landowners.

YOGENDRA PAL vs MUNICIPALITY, BATHINDA · Niyam