In Brief
The Kolkata Municipal Corporation claimed to have acquired the respondent's property under Section 352 of the Municipal Corporation Act for a public park. The Supreme Court held that Section 352 does not authorize compulsory acquisition; it only allows the Municipal Commissioner to identify land needed for public purposes. Actual acquisition power is vested in the State Government under Section 537. The Court ruled that any compulsory acquisition must comply with Article 300A through seven procedural safeguards: notice, hearing, reasoned decision, public purpose, fair compensation, efficient process, and final vesting. Since Section 352 provides no procedures, the acquisition was unconstitutional. The Court dismissed the Corporation's appeal and upheld the High Court's order quashing the acquisition and restoring the owner's name as recorded owner.
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