COLLECTOR OF AKOLA & ORS. versus RAMCHANDRA & ORS.

COLLECTOR OF AKOLA & ORS. versus RAMCHANDRA & ORS.

The Act authorises requisitioning for any public purpose whether temporary or permanent; the words 'for any public purpose' in section 5(1) are wide enough to include all purposes without limitation as to their nature.

Parties
Appellant: Collector, Akola; Respondents: Ramchandra & Ors.
Jurisdiction
India
Judgment Date
30 August 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Bombay High Court's Decision
Outcome
Appeal allowed; High Court decision set aside; matter remanded to High Court for determination of remaining issues.
Legal Topics
Requisitioning of Land, Power Under Temporary Statutes, Public Purpose, Permanent Versus Temporary Nature of Requisition, Relationship Between Requisition and Acquisition
Land Law Constitutional Law Requisitioning of Land Power Under Temporary Statutes Public Purpose Permanent Versus Temporary Nature of Requisition Relationship Between Requisition and Acquisition

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Parties

Collector, Akola

Appellant

Ramchandra & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Bombay High Court's Decision

Legal Issues

  1. 1 Whether the Bombay Land Requisition Act authorises requisition for permanent public purpose
  2. 2 Whether requisitioning and acquisition powers can coexist under different statutes

Ratio Decidendi

The Act authorises requisitioning for any public purpose whether temporary or permanent; the words 'for any public purpose' in section 5(1) are wide enough to include all purposes without limitation as to their nature.

Court Disposition

Appeal allowed; High Court decision set aside; matter remanded to High Court for determination of remaining issues.

Orders

  • High Court's order quashing the requisition set aside.
  • Matter remanded to High Court for determination of other questions raised in the petition.