AIROnline 2024 SC 329

Supreme Court Of India

(From : AIROnline 2019 CAL 1264)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Aravind Kumar , JJ

(A) Kolkata Municipal Corporation Act (59 of 1980) , S.352, S.363, S.537— Acquisition of immovable property - S.352 of Act of 1980 does not empower the Municipal Corporation to compulsorily acquire immovable property Constitution of India , Art.300A— AIROnline 2019 CAL 1264-Affirmed The scheme of the Act makes it clear that S.352 empowers the Municipal Commissioner to identify the land required for the purpose of opening of public street, square, park, etc. and under S.537, the Municipal Commissioner has to apply to the Government to compulsorily acquire the land. Upon such an application, the Government may, in its own discretion, order proceedings to be taken for acquiring the land. S. 352 is therefore, not the power of acquisition. Further, section 363 relates to compensation upon an agreement and not for compulsory acquisition. A valid power of acquisition coupled with the provision for fair compensation by itself would not complete and exhaust the power and process of acquisition. Prescription of the necessary procedures, before depriving a person of his property is an integral part of the 'authority of law', under Article 300A . Section 352 of the Act contemplates no procedure whatsoever.(Para 22 23 32) (B) Constitution ....