K. S. P. RADHAKRISHNAN, SWATANTER KUMAR, MUKUNDAKAM SHARMA, S. H. KAPADIA, ANIL R. DAVE
Offshore Holdings Pvt. Ltd. – Appellant
Versus
Bangalore Development Authority – Respondent
JUDGMENT
Swatanter Kumar, J. —
Leave granted.
2. A two Judge Bench of this Court in the case of Girnar Traders v. State of Maharashtra1 [(2004) 8 SCC 505] had considered the question whether all the provisions of the Land Acquisition Act, 1894, (for short, the ‘Land Acquisition Act’ or the ‘Central Act’) as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the ‘Central Act 68 of 1984’), can be read into the provisions under Chapter VII of the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the MRTP Act’) for acquisition of land thereunder. The Bench was of the opinion that the observations made by another Bench of this Court in the case of State of Maharashtra v. Sant Joginder Singh 2 [(1995) Supp (2) SCC 475] did not enunciate the correct law by answering the said question in the negative and, thus, requires reconsideration by a larger Bench. While recording variety of reasons for making a reference to the larger Bench the learned Judges in paragraphs 20 and 21 of the Order observed as under:
“20. We, therefore, see no good reason as to why the provisions introduced in the Land Acquisition Act, 1894 by Central Act 68 of 1
Union of India v. Harbhajan Singh Dhillon [(1971) 2 SCC 779]
Prafulla Kumar Mukherjee v. Bank of Commerce Ltd., Khulna [AIR 1947 PC 60]
Deep Chand v. State of U.P.[AIR 1959 SC 648]
R.M.D. Chamarbaugwalla v. Union of India, [AIR 1957 SC 628]
Munithimmaiah v. State of Karnataka [(2002) 4 SCC 326]
Girnar Traders v. State of Maharashtra [(2004) 8 SCC 505]
A.S. Krishna v. Madras State, AIR 1957 SC 297
Rustom Cavas Jee Cooper v. Union of India [(1970) 1 SCC 248]
Kerala State Electricity Board v.Indian Aluminium Co. Ltd. [(1976) 1 SCC 466]
Land Acquisition Officer, City Improvement Trust Board v. H. Narayanaiah [(1976) 4 SCC 9]
Fatehchand Himmatlal v. State of Maharashtra [(1977) 2SCC 670]
Ishwari Khetan Sugar Mills (P) Ltd. v. State of U.P.[(1980) 4 SCC 136]
Ujagar Prints v. Union of India, [(1989) 3 SCC 488]
14 Federation of Hotels and Restaurants v. Union of India, {(1989) 3 SCC 634}
State of Maharashtra v. Sant Joginder Singh [(1995) Supp (2) SCC 475]
Association of Natural Gas v. Union of India [(2004) 4 SCC 489]
State of West Bengal v.Kesoram Industries Ltd. [(2004) 10 SCC 201]
Hoechst Pharmaceuticals Ltd. v. State of Bihar, [(1983) 4 SCC 45]
Girnar Traders v. State of Maharashtra [(2007) 7 SCC 555]
Central Bank of India v. State of Kerala [(2009) 4 SCC 94]
Bondu Ramaswamy v.Bangalore Development Authority [(2010) 7 SCC 129]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.