Kolkata Municipal Corporation vs Bimal Kumar Shah

The Supreme Court upheld the High Court's ruling that the Kolkata Municipal Corporation lacks the power of compulsory acquisition of property under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Court emphasized that valid acquisition requires adherence to constitutional rights outlined in Article 300A, including the right to notice, hearing, and fair compensation, which Section 352 does not provide. Consequently, the Court affirmed that the Corporation's actions were invalid and ordered that the respondent's rights be restored.