Supreme Court · 1971 INSC 57 · Decided 19 February 1971

S. M. Nandy & ORS. v. State of West Bengal & ORS.

Court: Supreme Court of India
Citation: 1971 INSC 57 · [1971] 3 S.C.R. 791
Case number: CIVIL APPEAL No. 500/1967
Decided: 19 February 1971
Bench: S.M. SIKRI, G.K. MITTER, K.S. HEGDE, A.N. GROVER, P. JAGANMOHAN REDDY (5-judge bench)
Case type: Civil
Acts & sections cited: Constitution; Land Acquisition Act Section 11

Headnote

Wert Bengal Land (Requisition and Acquisition) Act, 1948-lf ultra vires Constitution under Art. 19(1) (f) and (5). On the question whether the West Bengal Land (Requisition and Acqui sition) Act, 1948, W!)S ultra vires the Constitution under Art. 19(1) (f) read with 19(5). HELD : Bengal was faced with many emergent pro blems created by the partition of India and the impugned Act was enacted in order to provide for requisitioning and speedy acquisition of land under s. 3 for a number of public purposes mentioned therein. The necessity for requisitioning must

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