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The right of the government to acquire the land for public purpose;
Government can acquire the land for public purpose under its eminent domain of acquiring such
property. Eminent domain is the power of government to acquire private property for public
purpose or interest with a condition to compensate the owner of that very property or land.
Compensation must be fair so that the owner may not be deprived of his any right.
The operation of eminent domain may be either straightforward or not. Straightforward matter
means that the land owner may agree with the given compensation and give his property for
public purpose, or sometimes they may disagree with the compensation given.
The land Acquisition Act deals with Governmental acquirement of property/ land from private
person, keeping in view the public interest. Public purpose is not necessarily be present but
somehow directly or indirectly public interest must be there.
The right of the government to acquire land for public purpose under the power of eminent
domain is undisputed. The government is said to have sole and absolute -discretion with
respect to the question of justiciability of the public purpose. It is only the government
which would be the sole judge as to the question of public purpose. The necessary
qualification in this respect is that existence of a paramount reason and such reason must
be shown before acquisition. The general interest of the community is said to be the
touchstone of public purpose.
Elaborate the extract mentioned above along with supportive CASE LAWS
The right of the government to acquire land for public purpose under the power of
eminent domain;
Case law:
Title: ROSHANARA BEGUM VS UNION OF INDIA
Cited cases and laws:
Judgement:
Petition was dismissed on the basis that; exercising the power of eminent domain, the
Government can acquire private land for public purpose.
Case law:
Title: TIKA RAM & ORS VS STATE OF U.P
- commanding the state of UP to frame necessary rules and regulations in respect of the
Act,
- Prayer for exempting their land from the land acquisition proceedings,
Judgement:
Anil Kumar Neotia And Ors vs Union Of India & Ors on 26 April, 1988
Rajaanand Brahma Shah vs State Of Uttar Pradesh & Ors on 16 September, 1966
Dabur (Dr. S.K. Burman) Private ... vs The State Of U.P. And Ors. on 15 October, 1986
Facts:
- Petitioners purchased over six acres of land in the state of Punjab, for the purpose of
establishment of paper mill,
- Respondent, private limited company, which had a license from India to start a
factory for manufacturing various refrigeration compression and ancillary
equipment’s, requested the state for allotment of an appropriate site for,
- A notification was published in the official Gazette by the Governor of Punjab to
acquire that land for public purpose,
- Petitioners requested Deputy Commissioner that the land allotted to company was not
acquired for public purpose,
- Governor of Punjab notified in notification that under section 4 if the Act, the land
needed by the government that is for public purpose,
- These notifications were published in Punjab Government Gazette,
- The question raised, whether that acquisition is justiciable or not?
Judgement:
The petition is dismissed on the basis that the government is said to have the sole and
absolute discretion of justiciability over public purpose.
It Is only the government which would be the sole judge as to the question of public
purpose;
Case law:
Title: PUNJABAI PATEL VS STATE OF GUJRAT
Cited cases and laws:
C. Padma & Ors vs The Dy. Secretary To The Govt.Of ... on 22 November, 1996
State Of Kerala & Ors vs M. Bhaskaran Pillai & Anr on 5 May, 1997
Shri Chandragauda Ramgonda Patil ... vs The State Of Maharashtra & Ors on 2
September, 1996
Facts:
- Petitioners have prayed for a direction to declare acquisition of the land as illegal,
- On account of wrongly invoking urgency clause of sec 17(1),
- Also prayed that the consent award should also be declared as illegal,
- And return the land back to petitioners,
- Petitioners are co-owners of the Land,
- The VUDA ( Vadodara Urban Development Authority) required such land for
construction if residential units for middle and low income group of the society,
- A notification for the acquirement was also issued to the owners,
- Compensation award was also taken by the owners with their consent and possession
was taken by the Government and handed over to VUDA,
- For some reasons, the entire proposed housing scheme could not developed on time,
- The petitioner in the said petition prayed for returning their land,
- Before filing the petition a notice has been issued to the authorities to return the land
back but they didn’t grant such notice, then this petition came to be filed,
- Petitioner submitted that invoking urgency clause remained unutilized till date.
JUDGEMENT:
The petition is dismissed. The VUDA is going to build houses for public and this
acquisition has no ground for re-grant of the Land to the owners. Once a land has been
acquired for a public purpose can’t be re-granted.