N. B. JEEJEEBHOY versus ASSISTANT COLLECTOR, THANA PRANT, TRANA

N. B. JEEJEEBHOY versus ASSISTANT COLLECTOR, THANA PRANT, TRANA

The Land Acquisition (Bombay Amendment) Act, 1948, is void ab initio as it fails to provide just compensation in accordance with s.299(2) of the Government of India Act, 1935; the act is not saved or revived by Articles 31-A, 31-B, or 31(5)(a) of the Constitution as it was never a valid law.

Parties
Appellant: N. B. Jeejeebhoy; Respondent: Assistant Collector, Thana Prant, Thana
Jurisdiction
India
Judgment Date
05 October 1964
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeals From Bombay High Court
Outcome
Appeal allowed; Amending Act held void; matter remanded.
Legal Topics
Compulsory Acquisition, Compensation, Pre Constitution Laws, Article 31 a, Article 31 B, Section 299 Government of India Act 1935, Land Acquisition (bombay Amendment) Act, 1948
Constitutional Law Land Acquisition Compulsory Acquisition Compensation Pre Constitution Laws Article 31 a Article 31 B Section 299 Government of India Act 1935 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

N. B. Jeejeebhoy

Appellant

Assistant Collector, Thana Prant, Thana

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeals From Bombay High Court

Legal Issues

  1. 1 Whether the Land Acquisition (Bombay Amendment) Act, 1948, is void for non-compliance with s.299(2) of the Government of India Act, 1935.
  2. 2 Whether the compensation awarded under the Amending Act was just and equivalent to the value of the land acquired.
  3. 3 Whether the Act is saved by Articles 31-A, 31-B, or 31(5)(a) of the Constitution.

Ratio Decidendi

The Land Acquisition (Bombay Amendment) Act, 1948, is void ab initio as it fails to provide just compensation in accordance with s.299(2) of the Government of India Act, 1935; the act is not saved or revived by Articles 31-A, 31-B, or 31(5)(a) of the Constitution as it was never a valid law.

Court Disposition

Appeal allowed; Amending Act held void; matter remanded.

Orders

  • Decree of the High Court set aside.
  • Appeals remanded to the District Court for disposal in accordance with law.