LILAVATI BAI versus THE STATE OF BOMBAY

LILAVATI BAI versus THE STATE OF BOMBAY

The Bombay Land Requisition Act, 1948 as amended is constitutionally valid after the commencement of the Constitution. The amending Acts are effective without President's assent. The findings and declarations by the State Government under sections 5 and 6 are conclusive and not reviewable in writ proceedings. The...

Source-derived case information.

Parties
Petitioner: Lilavati Bai; Respondent: The State of Bombay
Jurisdiction
India
Judgment Date
05 March 1957
Procedural Posture
Petition Under Article 32 of the Constitution and Special Leave Petition Under Article 136 / Decision on Merits by the Supreme Court
Outcome
Petitions dismissed with costs.
Legal Topics
Requisition of Property, Constitutional Validity of Statutes, Effect of Conclusive Findings, Interpretation of Statutes, Service of Requisition Orders
Constitutional Law Property Law Administrative Law Requisition of Property Constitutional Validity of Statutes Effect of Conclusive Findings Interpretation of Statutes Service of Requisition Orders

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Parties

Lilavati Bai

Petitioner

The State of Bombay

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution and Special Leave Petition Under Article 136 / Decision on Merits by the Supreme Court

Legal Issues

  1. 1 Whether the Bombay Land Requisition Act, 1948 as amended is constitutionally valid after the commencement of the Constitution of India.
  2. 2 Whether the amending Acts without President's assent are valid under Article 31(3).
  3. 3 Whether Government's findings and orders under sections 5 and 6 are open to challenge and review in court.

Ratio Decidendi

The Bombay Land Requisition Act, 1948 as amended is constitutionally valid after the commencement of the Constitution. The amending Acts are effective without President's assent. The findings and declarations by the State Government under sections 5 and 6 are conclusive and not reviewable in writ proceedings. The words 'or otherwise' in Explanation to section 6 are wide enough to cover all possible cases of vacancy. The inclusion of a deceased person in a requisition order does not affect its enforceability.

Court Disposition

Petitions dismissed with costs.

Orders

  • Petition under Article 32 and special leave petition under Article 136 are dismissed with costs, one set.