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Documents citing Sachindra Mohan Nandy And Ors. vs The State Of West Bengal And Ors. on 30 August, 1962

Patel Mangalbhai Nathabhai And Ors. vs State Of Gujarat, Revenue And ... on 12 December, 1963

Similarly, in Sachindra Mohan Nandy v. State of West Bengal, AIR 1963 Cal 373, Mukharji, J. dealing with the same Act, has observed that it was too late in the day to contend that the expression "authority of law" occurring in Article 31(1) and attracting Article 19 and the doctrine of reasonableness therein, must equally be applicable to the same expression used in Article 31(2) notwithstanding the fact that clause (2) specifically and exclusively refers to requisition or acquisition.
Gujarat High Court Cites 70 - Cited by 5 - Full Document

Chayarani Mukherjee vs Assistant Secretary To The Government ... on 26 March, 1964

Thus on a compulsory requisition and occupation of the property for an indefinite period, the owner is left with an illusory phantom of a title, and an attack on the law authorising the requisition based on article 19(1)(f) is futile, though the law being an existing law within the meaning of Clause 5 of article 31 is immune from an attack based on Clause 2 of Article 31 e. g.. The Bombay Land Requisition Act 1948, see , , the West Bengal Land (Requisition and Acquisition) Act (II of 1948), See Sitabati Debi v. State of West Bengal, Civil Appeal No. 322 of 1961 decided by the Supreme Court on December 1, 1961 (unreported) affirming :the decision of Bose J., as he then was, , Sachindra Mohan Nandy v. State of West Bengal, , The West Bengal Requisition and Control (Temporary Provisions) Act 1947 (Act V of 1947), see 87 Cal L J 140 : (AIR 1952 Cal 65). It will appear therefore that compulsory requisitioning of land is confisca-tory in character and in substance is a measure of compulsory acquisition. Judged by this test, West Bengal Act V of 1947 is a law authorizing compulsory acquisition of land and is subject to the constitutional guarantee embodied in Section 299(2) of the Government of India Act, 1935. West Bengal Act V of 1947 can therefore authorize the requisitioning of land for public purposes only. In the background of this constitutional guarantee, Section 3(1) of the Act must be construed to mean that given a public purpose, the opinion of the Government as to the need for requisitioning the premises is final, but the factual existence of the public purpose is justiciable and the opinion of the Government in that behalf is not final. We may add that in , the Punjab High Court held that the Punjab Requisitioning of Immoveable Property (Temporary Powers) Act 1947 was subject to the constitutional guarantee embodied in Section 299(2) and if repugnant to this Section, could be declared ultra vires.
Calcutta High Court Cites 59 - Cited by 0 - Full Document
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