Supreme Court of India · 2011-12-13
M/S KAMAL TRADING P.LTD. vs STATE OF WEST BENGAL .
- Citation / case number
- SC 2009/39676
- Court
- Supreme Court of India
- Petitioner
- M/S KAMAL TRADING P.LTD.
- Respondent
- STATE OF WEST BENGAL .
- Author
- RANJANA PRAKASH DESAI
- Bench
- RANJANA PRAKASH DESAI G.S. SINGHVI
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 State's failure to adhere to procedural requirements under Section 5A and Section 6 of the LA Act invalidated the acquisition process. Consequently, the Court quashed the notifications issued under the LA Act, emphasizing the necessity of following due process in property acquisition.