HIMAIAYAN TILES & MARBLES (P) LTD. versus FRANCIS VICTOR COUTINHO (DEAD) BY LRS. & ORS .

HIMAIAYAN TILES & MARBLES (P) LTD. versus FRANCIS VICTOR COUTINHO (DEAD) BY LRS. & ORS .

Appellant was 'a person interested' under Section 18(1); possession having not vested in government, acquisition was incomplete and invalidity not cured by Section 7 of amending Act; appeal fails.

Parties
Appellant: HJ. Himalayan Tiles & Marbles (P) Ltd.; Respondents: Francis Victor Coutinho (dead) by LRs. & Ors.
Jurisdiction
India
Judgment Date
28 March 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment Dated 23 7 1970, Appeal No. 13 of 1965
Outcome
Appeal dismissed
Legal Topics
Person Interested Under Land Acquisition Act, Land Acquisition for Company, Validity of Acquisition, Retrospective Effect of Amending Acts
Land Acquisition Law Person Interested Under Land Acquisition Act Land Acquisition for Company Validity of Acquisition Retrospective Effect of Amending Acts

Case Brief

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Parties

HJ. Himalayan Tiles & Marbles (P) Ltd.

Appellant

Francis Victor Coutinho (dead) by LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court Judgment Dated 23 7 1970, Appeal No. 13 of 1965

Legal Issues

  1. 1 Whether appellant company is 'a person interested' under Section 18(1) of Land Acquisition Act
  2. 2 Whether land acquisition for private company is valid under amended Act and Section 7 of Land Acquisition (Amendment) Act, 1962

Ratio Decidendi

Appellant was 'a person interested' under Section 18(1); possession having not vested in government, acquisition was incomplete and invalidity not cured by Section 7 of amending Act; appeal fails.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.