Supreme Court · 1954 INSC 4 · Decided 19 January 1954

Waryam Singh and Another v. Amarnath and ANOTHER.

Court
Supreme Court of India
Citation
1954 INSC 4 · [1954] 1 S.C.R. 565
Case number
CIVIL APPEAL No. 64/1953
Decided
19 January 1954
Bench
MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, SUDHI RANJAN DAS, VIVIAN BOSE, GHULAM HASAN (5-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 227, 226

Headnote

COURT REPORTS 565 below· observe that it is common knowledge that since the end of the war land, particularly around Calcutta, has increased enormously in value and might still further increase very considerably in value ·when the pace of industrialisation increases. Any principle part of proviso (b) to section 8 of the impugned Act which fixes the market value on December 31, 1946, as the maximum compensation for lands acquired under it offends against the provisions of article 31 (2) and is unconstitutional and void. The appeal is dismissed with costs. Appeal

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