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october 2023

Supreme Court of India · 2023-10-09

M/S KEWAL COURT PVT LTD AND ANR. vs THE STATE OF WEST BENGAL AND ORS

Citation / case number
SC 2011/32434
Court
Supreme Court of India
Petitioner
M/S KEWAL COURT PVT LTD AND ANR.
Respondent
THE STATE OF WEST BENGAL AND ORS
Author
HON'BLE MR. JUSTICE SURYA KANT

Judgment text excerpt

The Supreme Court examined the true meaning of 'vacant land' as used in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976, especially sub-clause (i). The Court analyzed the legislative intent behind the enactment of the Ceiling Act by Parliament, despite urban land being within the exclusive domain of State legislatures under the Constitution. The judgment focused on whether the Act's provisions, particularly regarding 'vacant land,' were constitutionally valid and within legislative competence. The Court emphasized the importance of correctly interpreting 'vacant land' to ensure the Act's proper application and constitutional validity.

M/S KEWAL COURT PVT LTD AND ANR. vs THE STATE OF WEST BENGAL AND ORS · Niyam