1960 (8) TMI 90 - SC - Indian Laws

Court upholds land acquisition for public purpose under Land Acquisition Act, dismisses constitutional challenge.

BABU BARKYA THAKUR Versus STATE OF BOMBAY

BABU BARKYA THAKUR Versus STATE OF BOMBAY - 1960 AIR 1203 Issues Involved:1. Constitutionality of the land acquisition proceedings.2. Validity of the notification under Section 4 of the Land Acquisition Act.3. Alleged violation of Articles 14, 19, and 31 of the Constitution.4. Determination of public purpose in land acquisition for a company.Detailed Analysis:1. Constitutionality of the Land Acquisition Proceedings:The petitioner challenged the constitutionality of the land acquisition proceedings under Article 32 of the Constitution, particularly targeting the notification under Section 4 of the Land Acquisition Act, 1894. The petitioner argued that the proceedings were not for a public purpose and were malicious and vexatious. The third respondent contended that the petition was premature and not maintainable as only a notification under Section 4 had been issued, and the State Government had yet to be satisfied about the public purpose of the acquisition.2. Validity of the Notification under Section 4 of the Land Acquisition Act:The notification dated April 3, 1959, issued under Section 4 of the Land Acquisition Act by the State of Bombay (now Maharashtra), stated that the lands were likely to be needed for the purposes of the third respondent, Messrs. Mukund Iron & Steel Works Ltd. The petitioner argued that the notification did not explicitly state that the land was needed for a public purpose, which was essential for the validity of the proceedings. The court held that it was not absolutely necessary for the notification to explicitly state the public purpose. The requirements of the law would be satisfied if, upon investigation, the appropriate Government was satisfied that the land was needed for a public purpose, which could include purposes under Part VII of the Act.3. Alleged Violation of Articles 14, 19, and 31 of the Constitution:The petitioner claimed that the land acquisition proceedings violated Articles 14, 19, and 31 of the Constitution. The court examined the relevant provisions of the Land Acquisition Act and concluded that the Act made a distinction between land needed for a public purpose and for a company. The court referred to previous judgments, including Lilavati Bai v. State of Bombay, which held that existing laws like the Land Acquisition Act were saved by Article 31(5)(a) of the Constitution. The court also noted that the acquisition for a company could be considered for a public purpose if it involved the erection of dwelling houses for workmen or the provision of amenities directly connected with the company, or if the land was needed for the construction of some work of public utility.4. Determination of Public Purpose in Land Acquisition for a Company:The court emphasized that the acquisition for a company could serve a public purpose if it involved constructing dwelling houses, providing amenities for workmen, or constructing works of public utility. The court cited the case of The State of Bombay v. Bhanji Munji and Another, which recognized that providing housing accommodation to the homeless was a public purpose. The court held that the acquisition for a company, if it involved such purposes, would be in the public interest. The court also noted that the investigation into the exact purpose of the acquisition was still in progress when the petitioner moved the court, making the petition premature.Conclusion:The court dismissed the petition, holding that the notification under Section 4 of the Land Acquisition Act was valid and that the land acquisition proceedings did not violate Articles 14, 19, and 31 of the Constitution. The court concluded that the acquisition for a company could serve a public purpose if it involved the erection of dwelling houses for workmen, the provision of amenities, or the construction of works of public utility. The petition was dismissed with costs to the contesting parties.