Public purpose in land acquisition upheld where land was needed to keep an aided private school functioning for education access.

Acquisition of land for an aided private school was treated as serving a public purpose because education was described as a constitutional obligation of the State and a right of every child. A recognised private school operating within the statutory framework was viewed as part of the mechanism through which the State discharged that obligation. As the acquisition was intended to secure the school's continued functioning and the expenditure was to come from public funds, the acquisition was not characterised as a private benefit. The analysis concludes that the land acquisition was valid and that the quashing of the notification and declaration was incorrect.

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Issues: Whether acquisition of land for an aided private school was for a public purpose and, therefore, valid under the land acquisition proceedings.

Analysis: The constitutional mandate under Article 45 required the State to provide free and compulsory education to children, and education was treated as a right of every child. An aided private school functioning within the statutory framework governing recognised private schools was treated as part of the means through which the State discharged its educational obligation. Since the acquisition was to secure continued functioning of the school and the expense was to be borne from public funds, the acquisition served a public purpose and was not merely for private benefit.

Conclusion: The acquisition was for a public purpose and the High Court was wrong in quashing the notification and declaration.

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