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december 2011

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.

M/S KAMAL TRADING P.LTD. vs STATE OF WEST BENGAL . · Niyam