Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act 1910-Sections 6 and 7-A-As amended by Electricity (U.P. Amendment and Validation) Act, 1976-Constitutionality-Take over of electrical undertaking and determination of its purchase price-Under the licence granted by the State, State had a right to takeover the Electrical Undertakings at the end of its term-Amendment brought about in the Act by way of Amending Act of 1975-Changing the method or computation of compensation by introducing the concept of book value in Section 7-A of the Act and not the market value-Constitutionality of Amending Act challenged-Held, that the takeover of undertaking on 28.06.1964 had to be tested on the touchstone of Articles 19(1)(j) and 31(2) and not Article 31(c) as Article 31 (c) was not a part of the Constitution on the date of takeover-Amending Act was not violative of Articles 19(1)(j) and 31(2)- Further, determination of purchase price of the undertaking under Section 7-A was not open to challenge as it was an accepted accountancy concept and the same was not illusory-Quantification of the amount payable to such undertaking form an integral and inseparable part of nationalisation- Hence, economic costs of nationalisation was not justiciable and on the date of takeover of undertaking, rights cannot be said to have been crystallised and not entitled to market value of the property-What was acquired was not a chose-in action or debt but was the undertaking which dealt with material resources of the count-Thus Amending Act is not a colourable piece of legislation-Constitution of India, Articles 19(1)(j), 31(2), 31(c) and 39(b). |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2000 INSC 323 |
Petitioner | State Of U.p. |
Respondent | The Upper Jamuna Valley Electricity Supply Co. Ltd. And Ors. |
SCR | [2000] Supp. (1) S.C.R. 429 |
Judgement Date | 2000-05-12 |
Case Number | 3656 |
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