SHRI RAMTANU CO-OPERATIVE HOUSING SOCIETY LTD. & ANR. versus STATE OF MAHARASHTRA & ORS.

SHRI RAMTANU CO-OPERATIVE HOUSING SOCIETY LTD. & ANR. versus STATE OF MAHARASHTRA & ORS.

The Maharashtra Industrial Development Act, 1961, is within the legislative competence of the State Legislature as its pith and substance relate to the establishment, growth, and development of industries under Entry 24 of the State List, and not the incorporation of a trading corporation under Entry 43 of the Union List. There is no procedural discrimination or restriction of judicial power in compensation as alleged. The Act is valid.

Parties
Petitioner: Shri Ramtanu Co-operative Housing Society Ltd. & Anr.; Respondent: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
05 August 1970
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction; Final Judgment
Outcome
Petitions dismissed with costs.
Legal Topics
Legislative Competence, Industrial Development, Acquisition of Land, Discrimination in Procedure, Determination of Compensation, Interpretation of Statutory Provisions
Constitutional Law Administrative Law Property Law Legislative Competence Industrial Development Acquisition of Land Discrimination in Procedure Determination of Compensation +1 more

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Parties

Shri Ramtanu Co-operative Housing Society Ltd. & Anr.

Petitioner

State of Maharashtra & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction; Final Judgment

Legal Issues

  1. 1 Whether the Maharashtra Industrial Development Act, 1961 is beyond the legislative competence of the State legislature as it provides for incorporation of a trading corporation and hence falls under Entry 43 List I (Union List) of the Seventh Schedule to the Constitution.
  2. 2 Whether there is procedural discrimination between the Maharashtra Industrial Development Act, 1961 and the Land Acquisition Act, 1894 in the matter of acquisition of land for companies or public purposes.
  3. 3 Whether the proviso to section 33 of the Maharashtra Act restricts the judicial power of the Collector in determining compensation.

Ratio Decidendi

The Maharashtra Industrial Development Act, 1961, is within the legislative competence of the State Legislature as its pith and substance relate to the establishment, growth, and development of industries under Entry 24 of the State List, and not the incorporation of a trading corporation under Entry 43 of the Union List. There is no procedural discrimination or restriction of judicial power in compensation as alleged. The Act is valid.

Court Disposition

Petitions dismissed with costs.

Orders

  • Petitions under Article 32 dismissed with costs.