Supreme Court of India · 2003-02-18
WELFARE ASOCN. A.R.P.,MAHARASHTRA vs RANJIT P. GOHIL
- Citation / case number
- SC 1998/13908
- Court
- Supreme Court of India
- Petitioner
- WELFARE ASOCN. A.R.P.,MAHARASHTRA
- Respondent
- RANJIT P. GOHIL
- Author
- BRIJESH KUMAR. R.C. LAHOTI
- Bench
- BRIJESH KUMAR. R.C. LAHOTI
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, rejecting the High Court's decision that deemed it ultra vires. The Court emphasized that the State Legislature has the competence to enact laws for public purpose requisitioning, as per the provisions of Article 246 and the Seventh Schedule of the Constitution. The judgment clarified that the requisitioning of properties must balance public interest with the rights of property owners, ensuring just compensation as outlined in Section 8 of the Bombay Land Requisition Act, 1948 and the Land Acquisition Act, 1894.