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july 1996

Supreme Court of India · 1996-07-23

SRI NRIPATI GHOSHAL, FIRST LANDACQUISITION COLLECTOR & ORS. vs PREMAVATI KAPUR (DEAD)BY LRS. & ORS. ETC.

Citation / case number
SC 1992/87180
Court
Supreme Court of India
Petitioner
SRI NRIPATI GHOSHAL, FIRST LANDACQUISITION COLLECTOR & ORS.
Respondent
PREMAVATI KAPUR (DEAD)BY LRS. & ORS. ETC.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the legality of the requisition and subsequent acquisition of property under the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 and the Land Acquisition Act, 1894. The Court held that the findings of the Calcutta High Court's Division Bench, which declared the acquisition mala fide and lacking public purpose, were correct in law. The Court affirmed that the requisition under Section 3(1) of the Bengal Act was invalid due to absence of public purpose, thus upholding the respondents' rights to the property.

SRI NRIPATI GHOSHAL, FIRST LANDACQUISITION COLLECTOR & ORS. vs PREMAVATI KAPUR (DEAD)BY LRS. & ORS. ETC. · Niyam