AI Overview...
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Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. (2024) - The Supreme Court reaffirmed that possession is essential for completing land acquisition, emphasizing that mere statutory power does not equate to effective acquisition. The Court distinguished between statutory provisions conferring acquisition powers and actual possession, reinforcing that property rights are fundamental and protected as a constitutional and human right SRIMATYA ANITA MAITI AND ANR vs STATE OF WEST BENGAL AND ORS. - Calcutta, Shri. Anvar Ali Poolakkodan vs Income Tax Officer - Kerala, Althaia S/o H. Ramtova VS RDS Project Ltd. - Gauhati, Ranjeet Kumar VS State of Bihar - Patna.
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Legal Principles on Land Acquisition - The Court held that effective possession is critical for acquisition validity; statutory provisions alone do not suffice if possession is not transferred or actualized. This distinction was pivotal in rejecting claims by municipal authorities that they had effectively acquired properties without possession, aligning with the principle that property rights cannot be overridden arbitrarily K.J.James vs State Of Kerala, Represented By Its Secretary, Public Works Department - Kerala, SRIMATYA ANITA MAITI AND ANR vs STATE OF WEST BENGAL AND ORS. - Calcutta.
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Property Rights and Constitutional Protection - The judgment underscores that the right to property is a constitutional and basic human right, requiring that land acquisition adhere to constitutional safeguards, including proper possession and due process. The Court's decision aligns with earlier rulings emphasizing the importance of property rights and the limits on municipal or governmental powers Althaia S/o H. Ramtova VS RDS Project Ltd. - Gauhati, Shanti Kumar Chakma, S/o Surthar Ranjan Chakma VS Union of India Represented By Secretary To The Government of India, Ministry of Home Affairs Department of Border Management Bm-iii, Ndcc-ii Building, Jai Singh Road New Delhi - Gauhati.
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Implications for Municipal Acquisition - The decision clarifies that municipal authorities must demonstrate actual possession or effective control when claiming land acquisition, and cannot rely solely on statutory powers. This reinforces the protection of individual property rights against arbitrary or mechanical acquisitions SHRI. ANVAR ALI POOLAKKODAN vs THE INCOME TAX OFFICER WARD-1, & TPS, TIRUR - Kerala, Purnima Talkies Through Hemant Mali (Proprietor) Dahanu Par Naka Taluka Dahanu, District vs Chief Officer, Dahanu Nagar Parishad, Dahanu Nagar Parishad, Dahanu - Bombay.
Analysis and Conclusion:
The 2024 Supreme Court judgment in Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. consolidates the principle that possession is a fundamental requirement for valid land acquisition. It emphasizes that statutory powers alone do not suffice without actual possession, safeguarding property rights as constitutional and human rights. This decision sets a clear precedent that municipal and governmental bodies must ensure effective possession to legitimize land acquisitions, thereby preventing arbitrary dispossession and upholding constitutional protections.
Search Results for "Kolkata Municipal Corporation and Anr Vr Bimal Kumar Shah and Ors 2024"
2025 Supreme(Online)(Cal) 609 • India - Calcutta High Court
Justice Debangsu Basak, Justice Md. Shabbar Rashidi, JJ
Municipal Corporation & Anr. ... Bimal Kumar Shah & Ors. (2024 INSC 435) to support this principle. ... Legal Principle - The court reaffirmed that possession is essential for the completion of land acquisition, referencing the case of Kolkata ... Bimal Kumar Shah & Ors. (supra) was rendered in the context of the Kolkata Municipal#HL....
2025 0 Supreme(Ker) 541 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, EASWARAN S., JJ.
That apart, recently in Kolkata Municipal Corporation & Anr. v. ... Bimal Kumar Shah & Ors. - [(2024) 10 SCC 533] the court, while rejecting the contention of the Corporation that it had effectively acquired the property of a citizen, drew a distinction between a statutory provision that confers a power of acquisition to the Corporation and other provisions ... In Dharnidhar Mishra (D) & #HL_START....
2024 0 Supreme(Gau) 1308 • India - Gauhati
KAUSHIK GOSWAMI
Pertinent that the Apex Court in the case of Kolkata Municipal Corporation & Anr. Vs. Bimal Kumar Shah & Ors. in Civil Appeal No. 6466/2024, Arising Out of SLP (C) No. 4504/2021 has held that the right to property is not only a constitutional right but a basic human right. ... Thus, following by the ratio of the Apex Court in the decision of Kolkata Municipal Corporation (Supra),....
2025 Supreme(Online)(Ker) 46214 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, P.M.Manoj
(2024) 10 SCC 533 ], the court while rejecting the contention of the Corporation that it had effectively acquired the property of a citizen, drew a distinction between a statutory provision that confers a power of acquisition to the Corporation and other provisions that dealt
2025 0 Supreme(Ker) 1802 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, P.M.MANOJ
More recently, in Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. State of Kerala & Ors. v. Abdul Manaf P.M & Ors. – judgment dated 14.02.2024 in W.A.
2025 0 Supreme(Guj) 1873 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, L. S. PIRZADA
corporation. ... (A) Gujarat Provincial Municipal Corporations Act, 1949 - Section 212 - Waqf Act, 1955 - Sections 51 and 91 - Appeal against demolition ... : ... The appellant is a Waqf Trust for a mosque facing demolition of a partial structure due to road widening initiated by the municipal ... Further reliance is placed on the judgment of the Supreme Court in the case of Kolkata Municipal Corporation & Anr. vs. Bimal ....
2025 0 Supreme(Pat) 115 • India - Patna
ASHUTOSH KUMAR, PARTHA SARTHY
In Kolkata Municipal Corporation & Anr. vs. Bimal Kumar Sah & Ors. ... Gordhan Das (dead) Through LR (2024) 3 SCC 250; Kolkata Municipal Corporation & Anr. vs. Bimal Kumar Shah & Ors. (2024) 10 SCC 533; D.B. Basnett vs. ... (2024) 10 SCC 533, the Supreme Court while examini....
2025 Supreme(Online)(KER) 10728 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, Easwaran S., JJ
That apart, recently in Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. - [(2024) 10 SCC 533] the court, while rejecting the contention of the Corporation that it had effectively acquired the property of a citizen, drew a distinction between a statutory provision that confers a power of acquisition to the Corporation and other provisions that ... In Dharnidhar Mishra (D) & #HL_STA....
2025 0 Supreme(Bom) 279 • India - High Court of Bombay
G. S. KULKARNI, ADVAIT M. SETHNA, JJ
Municipal Corporation OF Greater Mumbai & Ors, 2024 SCC OnLine Bom 1905 (of which one of us Justice G.S. Kulkarni was a member). ... While considering the submissions of the petitioner to the effect that the entire process relating to acquisition of the subject land was arbitrary, mechanical and highhanded we would refer to the seven guiding principles laid down by the Supreme Court in the case of Kolkata Municipal Corporation & ... Bimal #HL_STAR....
2025 0 Supreme(Gau) 348 • India - IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) AIZAWL BENCH
DEVASHIS BARUAH, MRIDUL KUMAR KALITA
(G) Parties: Appellants (writ petitioners), Respondents (State of Mizoram, Union of India, National Projects Construction Corporation ... The Right to Property in our country is a net of intersecting rights which has been explained by this Court in Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors., 2024 SCC OnLine SC 968. ... In their affidavit-in-opposition filed before the learned Single Judge in....
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