AIR 1955 PATNA 1

Patna High Court

Hon'ble Judge(s): Das, Narayan, Jamuar Choudhary , JJJ

(A) Constitution of India , Art.13— Law invading fundamental right. If a statute enacted ostensibly for removal and prevention of encroachments on lands which are public property has little or very unsubstantial relation to those subjects and is a palpable invasion of rights secured by Part 3 of the Constitution, the Court will have to declare that portion of the statute which is a palpable invasion of the fundamental rights as void and unconstitutional and thus give effect to the Constitution.(Para 6) Anno: Const. of India, Art.13 N.4. (B) Constitution of India , Art.31(2)— Acquisition of property - Payment of compensation. If a person has on account of the efflux of time acquired title by adverse possession to a property which was at one time a public property that property cannot be taken by the State, even according to the continental doctrine of eminent domain subsequently adopted in America, without payment of compensation.(Para 6) Anno: Const. of India, Art.31 N.9, 10, 20. (C) Constitution of India , Art.31(2), Art.31(5), Sch.VII List II Item.18, Sch.VII List II Item.64, Sch.VII List II Item.65— Bihar Land Encroachment Act (31 of ....