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february 2003

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.

WELFARE ASOCN. A.R.P.,MAHARASHTRA vs RANJIT P. GOHIL · Niyam