Supreme Court of India

Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors

Neutral citation
Reported as [2024] 5 S.C.R. 831
Bench Pamidighantam Sri Narasimha and Aravind Kumar JJ.
Decided 16 May 2024

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 are of the considered opinion that the High Court was fully justified in allowing the writ petition and rejecting the case of the appellant-Corporation acquiring land under Section 352 of the Act.

Judgment, page 28

From the headnote

Issue for Consideration State Municipal Corporation having claimed to have acquired the property of respondent-land bearer in exercise of powers u/s.352 of the Kolkata Municipal Corporation Act, 1980, the High Court, if justified in holding that there was no such power of compulsory acquisition of immovable property u/s.352 of the Act. Headnotes† Kolkata Municipal Corporation Act, 1980 – s. 352 – Power to acquire lands and buildings for public streets and for public parking places – Interpretation of s. 352 – If there is power of compulsory acquisition of immovable property u/s. 352 – On

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 1 referred to

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