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july 2013

Supreme Court of India · 2013-07-03

Kamlesh C. Shah & Ors vs State Of Maharashtra & Ors

Citation / case number
AIR 2013 SUPREME COURT 3501
Court
Supreme Court of India
Petitioner
Kamlesh C. Shah & Ors
Respondent
State Of Maharashtra & Ors
Author
Altamas Kabir
Bench
A.K. Sikri, Vikramajit Sen, Altamas Kabir

Judgment text excerpt

The Supreme Court examined the validity of Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976, which pertains to the acquisition of cessed properties for cooperative societies. The Court noted that Section 103A defines cessed buildings and Section 103B outlines the acquisition process. The Court held that the legislative intent behind these provisions was to address the deterioration of old buildings due to frozen rents since 1940, thereby facilitating necessary repairs and reconstruction. The matter has been referred to a larger bench for a definitive ruling on the constitutional validity of these provisions.

Kamlesh C. Shah & Ors vs State Of Maharashtra & Ors · Niyam