BACHAN SINGH & ORS. versus STATE OF PUNJAB & ORS.
None of the Act's provisions violate Article 14, 19(1)(f), 19(1)(g), or 31(2) of the Constitution. The power to declare areas as damaged is not arbitrary, compensation is adequate, acquisition is for public purpose, and reasonable safeguards for affected persons are provided.
- Parties
- Petitioner: Bachan Singh; Respondent: State of Punjab; Respondent: Amritsar Improvement Trust
- Jurisdiction
- India
- Judgment Date
- 18 February 1971
- Procedural Posture
- Writ Petition / Original Jurisdiction
- Outcome
- petition dismissed with costs
- Legal Topics
- Article 14 Discrimination, Article 19(1)(f) and (g) Restrictions, Article 31(2) Compensation, Punjab Development of Damaged Areas Act, Urban Improvement Schemes
Case Brief
Summary, issues, holding and outcome
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Parties
Bachan Singh
Petitioner
State of Punjab
Respondent
Amritsar Improvement Trust
Respondent
Procedural Posture
Writ Petition / Original Jurisdiction
Legal Issues
- 1 Whether Punjab Development of Damaged Areas Act, 1951 is violative of Article 14 due to arbitrary power to declare areas as damaged
- 2 Whether restrictions imposed by the Act violate Article 19(1)(f) and (g) as unreasonable
- 3 Whether compensation provisions under the Act violate Article 31(2) of the Constitution
Ratio Decidendi
None of the Act's provisions violate Article 14, 19(1)(f), 19(1)(g), or 31(2) of the Constitution. The power to declare areas as damaged is not arbitrary, compensation is adequate, acquisition is for public purpose, and reasonable safeguards for affected persons are provided.
Court Disposition
petition dismissed with costs
Orders
- Petition dismissed with costs.
Full Case Text
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