Supreme Court of India

State of Kerala & Ors. Etc. v. T. N. Peter & Anr. Etc.

Neutral citation
Reported as [1980] 3 S.C.R. 290
Bench V.R. Krishna Iyer J.
Decided 1 April 1980

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the exclusion of Sec. 25 of the Land Acquisition Act from sec. 34 of the Act is unconstitutional but it is severable and we sever it.

Judgment, page 14

From the headnote

Cochin Town Planning Act-S.34(1) validity of. The Cochin Town Planning Act in particular contemplates the creation of a town planning trust, the preparation of town planning schemes (section 12) acquisition of lands in this behalf (section 32) compensation for such compul· sory taking (section 34) and modifications in the manner of acquisition and the mode of compensation in the Kerala Land Acquisition Act. The petitioners' writ petitions challenging the validity of the Town Plan­ ning Act were allowed by the High Court on the gronnd that the provisions of Section 34(1) and 34(2A) were

Where later benches applied it

Of those, 1 relied on · 2 referred to

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