THE SOCIETY OF ST. JOSEPH'S COLLEGE versus UNION OF INDIA AND ORS.

THE SOCIETY OF ST. JOSEPH'S COLLEGE versus UNION OF INDIA AND ORS.

Parliament or State Legislatures are required to enact, in general or by amendment, specific provisions relating to compulsory acquisition of property of minority educational institutions, ensuring compensation does not restrict or abrogate Article 30 rights. General statutes like the Land Acquisition Act are not adequate; pending acquisitions lapse if laws are not amended by May 31, 2002.

Parties
Petitioner: THE SOCIETY OF ST. JOSEPH'S COLLEGE; Respondents: UNION OF INDIA AND ORS.
Jurisdiction
India
Judgment Date
20 November 2001
Procedural Posture
Writ Petition (c) No. 42 of 1985 With Civil Appeal No. 7751 of 2001 / Final Decision and Order Granted
Outcome
Petition and appeal disposed as per judgment
Legal Topics
Minority Rights, Educational Institutions, Compulsory Acquisition, Land Acquisition
Constitutional Law Minority Rights Educational Institutions Compulsory Acquisition Land Acquisition

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Parties

THE SOCIETY OF ST. JOSEPH'S COLLEGE

Petitioner

UNION OF INDIA AND ORS.

Respondents

Procedural Posture

Writ Petition (c) No. 42 of 1985 With Civil Appeal No. 7751 of 2001 / Final Decision and Order Granted

Legal Issues

  1. 1 Whether the general provisions of the Land Acquisition Act, 1894, are adequate for compulsory acquisition of property belonging to minority educational institutions after Article 30(1A) of the Constitution
  2. 2 Whether the compulsory acquisition of the property of minority educational institutions requires special provisions ensuring compensation without restriction or abrogation of Article 30 rights

Ratio Decidendi

Parliament or State Legislatures are required to enact, in general or by amendment, specific provisions relating to compulsory acquisition of property of minority educational institutions, ensuring compensation does not restrict or abrogate Article 30 rights. General statutes like the Land Acquisition Act are not adequate; pending acquisitions lapse if laws are not amended by May 31, 2002.

Court Disposition

Petition and appeal disposed as per judgment

Orders

  • Parliament and State Legislatures granted time upto 31.5.2002 to amend laws; pending and incomplete acquisitions of property of minority educational institutions lapse if laws are not amended by that date; if laws are amended, amounts payable for such acquisition shall be determined under amended law.