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.