RAM NATH & ORS. versus UNION OF INDIA

Acts, including the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, inserted in the Ninth Schedule enjoy protection under Article 31-B and are immune from challenge for violation of fundamental rights, including Section 299 of the Government of India Act, 1935; thus, the two provisos to s. 7(1)(e) are valid.

Parties: Appellant: Ramnath; Appellant: R.S. Ram Peishad; Respondent: Union of India
Jurisdiction: India
Judgment Date: 25 April 1984
Procedural Posture: Civil Appeal / Final Judgment
Outcome: Appeals dismissed
Legal Topics: Ninth Schedule, Article 31 B, Resettlement of Displaced Persons, Compensation for Acquisition, Government of India Act, 1935

Constitutional Law Property Law Land Acquisition Ninth Schedule Article 31 B Resettlement of Displaced Persons Compensation for Acquisition Government of India Act, 1935

Case Brief

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Parties

Ramnath

Appellant

R.S. Ram Peishad

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether the two provisos to sub-clause (e) of sub-section (1) of s. 7 of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, are constitutionally valid
2 Whether protection under Article 31-B extends to Acts inserted in the Ninth Schedule against violation of rights under s. 299 of the Government of India Act, 1935

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

Appeals dismissed without any order as to costs.
Substitution of Kumari Abha Gupta as appellant limited to the purposes of the appeal; validity of the will not decided.