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september 2010

Supreme Court of India · 2010-09-07

K.K. Poonacha vs State Of Karnataka & Ors

Citation / case number
2010 AIR SCW 5579
Court
Supreme Court of India
Petitioner
K.K. Poonacha
Respondent
State Of Karnataka & Ors
Author
G.S. Singhvi
Bench
G.S. Singhvi, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court addressed whether the Bangalore Development Authority Act, 1976 is void for not being reserved for Presidential assent as required by Article 31(3) of the Constitution. The Court upheld the previous ruling in Bondu Ramaswamy v. Bangalore Development Authority, affirming that non-compliance with Article 31(3) does not invalidate the Act, as it falls under Article 31(2A). The Court clarified that the power to legislate for land acquisition is independent and must be exercised under Entry 42 of List III, thus maintaining the validity of the 1976 Act.

K.K. Poonacha vs State Of Karnataka & Ors · Niyam