Supreme Court of India
Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors
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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
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- 2011 K.T. Plantation Pvt. Ltd. & Anr v. State of Karnataka
- 1972 Nagpur Improvement Trust and Another v. Vithal Rao and Others
- 2011 Girnar Traders v. State of Maharashtra and Ors.
- 2013 Khachar Dipu @ Dilipbhai Nakubhai v. State of Gujarat
- 1994 Kerala State Housing Board and Ors. Etc. v. M/s. Ramapriya Hotels (p) Ltd. and Ors.
- 1952 The State of Bihar v. Maharajadhiraja Sir Kameshwar Singh of Darbhanga and Others
- 1963 Nandeshwar Prasad and Another v. The State of U. P. and Others
- 1972 Munshi Singh & Others Etc. Etc. v. Union of India Etc. Etc.
- 2007 Lachhman Dass v. Jagat Ram and Ors.
- 2020 Vidya Devi v. The State of Himachal Pradesh & Ors.
- 1975 Khadim Hussain v. State of U.P. & Others
- 2002 State of West Bengal and Ors. v. Vishnunarayan and Associates (p) Ltd. and Anr.
- 1993 Ram Chand and Ors. v. Union of India and Ors.
- 2019 Union of India & Anr. v. Tarsem Singh & Ors.
- 2014 Union of India & Ors. v. Geeta Devi
- 2005 Competent Authority v. Barangore Jute Factory and Ors.
- 1994 P. Chinnanna and Ors. v. State of Andhra Pradesh and Ors.
- 2004 State of U.P. and Ors. v. Manohar
- 1983 Mansaram v. S. P. Pathak and Others
- 1980 State of Kerala & Ors. Etc. v. T. N. Peter & Anr. Etc.
- 2006 Daulat Singh Surana and Ors. v. First Land Acquisition Collector and Ors.
- 1992 Madhya Pradesh Housing Board Etc. v. Mohd. Shafi and Ors. Etc.
- 2010 D. Hanumanth Sa & Ors. v. State of Karnataka & Ors.
- 2014 Bankatlal v. Special Land Acquisition Officer & Anr.
- 1969 Narendrajit Singh and Anr. v. State of U.P. & Anr.
- 1972 Narindrajit Singh & Anr. v. State of U.P. & Ors.
- 2011 M/s. Kamal Trading Private Limited (now Known as Manav Investment & Trading Co. Ltd.) v. State of West Bengal & Ors.
- 2013 Gojer Brothers Private Limited v. The State of West Bengal and Others
- 1996 Sh. Mohan Singh and Ors. v. International Airport Authority of India and Ors.
- 2022 National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr
- 2009 Roy Estate v. State of Jharkhand & Ors.
- 1956 Fruit and Vegetable Merchants Union v. Delhi Improvement Trust
- 1972 State of Mysore v. Abdul Razak Sahib
- 2020 The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy and Ors.
- 1996 Union of India and Ors. v. Jaswant Rai Kochhar and Ors.
- 2007 M. Naga Venkata Lakshmi v. Visakhapa Tnam Municipal Corpn. and Anr.
- 1968 Ambalal Purshottam Etc. v. Ahmedabad Municipal Corporation & Ors.
- 2016 Delhi Development Authority v. Reena Suri and Ors.
Where later benches applied it
- 2025 M/s A.P. Electrical Equipment Corporation v. The Tahsildar & Ors. Etc.
- 2024 M/s Ultra-tech Cement Ltd. v. Mast Ram & Ors.
- 2024 Property Owners Association & Ors. v. State of Maharashtra & Ors.
Of those, 2 relied on · 1 referred to
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