State Of T.N. VS. Ananthi Ammal

Extract

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State Of T.N. VS. Ananthi Ammal

PETITIONER: STATE OF T.N.

Vs.

RESPONDENT: ANANTHI AMMAL

DATE OF JUDGMENT22/11/1994

BENCH: BHARUCHA S.P. (J)

BENCH: BHARUCHA S.P. (J)

VERMA, JAGDISH SARAN (J)

PARIPOORNAN, K.S.(J)

CITATION: 1995 AIR 2114 1995 SCC (1) 519

JT 1995 (1) 247 1994 SCALE (4)1106

ACT: JUDGMENT: The Judgment of the Court was delivered by S.P. BHARUCHA, J.- Civil Appeal No. 3312 of 1981

1.- This appeal by special leave is filed by the State of Tamil Nadu against the judgment and order of the High Court of Madras dated 9-9-1981, where by the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, was struck down as being ultra vires the Constitution of India. The High Court came to the conclusion that the said Act did not enjoy the protection of Articles 31-C or 31-A and that it was violative of Articles 14, 19 and 300-A of the Constitution.

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2.- Learned counsel for the appellants submitted that the said Act was not violative of Article 14 or Article 19 or Article 300-A and that, in any event, it was protected by reason of Article 31 A. Learned counsel for the respondents submitted that the said Act was violative of Article 14 inasmuch as it was enacted to acquire lands for a purpose which could as well be served by the provisions of the Land Acquisition Act, 1894, and that a comparison of the provisions of the said Act with those of the Land Acquisition Act showed that the provisions of the said Act we...

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