ARNOLD RODRICKS & ANR. versus STATE OF MAHARASHTRA & ORS.

ARNOLD RODRICKS & ANR. versus STATE OF MAHARASHTRA & ORS.

Sections 3(3), 3(4), and 3(5) of the Commissioners of Divisions Act, 1957 confer excessive and unguided legislative power on the State Government and amount to abdication of essential legislative function, rendering them ultra vires. Land acquisition proceedings undertaken by the Commissioner under such powers must be quashed.

Parties
Petitioner: Arnold Rodricks & Anr.; Respondent: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
14 March 1966
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Judgment
Outcome
Petitions allowed; notifications quashed.
Legal Topics
Delegation of Legislative Power, Ultra Vires, Definition of Public Purpose
Constitutional Law Administrative Law Land Acquisition Delegation of Legislative Power Ultra Vires Definition of Public Purpose

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Parties

Arnold Rodricks & Anr.

Petitioner

State of Maharashtra & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Judgment

Legal Issues

  1. 1 Whether sections 3(3), 3(4), and 3(5) of the Commissioners of Divisions Act, 1957 (Bom. Act 8 of 1958) constitute excessive delegation or abdication of legislative power to the State Government
  2. 2 Whether the amended definition of 'public purpose' under s. 3(f)(2) of the Land Acquisition Act (Bombay Amendment Act 35 of 1953) is ultra vires

Ratio Decidendi

Sections 3(3), 3(4), and 3(5) of the Commissioners of Divisions Act, 1957 confer excessive and unguided legislative power on the State Government and amount to abdication of essential legislative function, rendering them ultra vires. Land acquisition proceedings undertaken by the Commissioner under such powers must be quashed.

Court Disposition

Petitions allowed; notifications quashed.

Orders

  • Notifications under sections 4 and 6 of the Land Acquisition Act issued by the Commissioner are quashed.