1975 (9) TMI 181

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....Jugement of the Court was delivered by KRISHNA IYER, J. Brevity will do no inequity in this appeal where three points were urged but only one survives for serious scanning. The subject matter is the validity of land acquisition proceedings whereby a Municipality compulsorily purchased the appellant's land for the stated public purpose of running a country fair or market (mondha) under the Hyde....

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....body. Was this colourable exercise of power ? Striking down any act for mala fide exercise of power is a judicial reserve power exercised lethally, but rarely. The charge of mala-fides against public bodies and authorities is more easily made than made out. It is the last refuge of a losing litigant. Even so, we will examine the merits of the contention here from the point of view of the serious ....

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....ned anywhere and so such a purpose cannot be taken cognizance of by the law. We cannot agree to the linguistic game masquerading as a legal point. It is plain that a 'mondha' is a country fair or village market. 'Market' is defined in s. 2(20) of the Hyderabad District Municipalities Act in wide terms, and s. 72 of the said Act enumerates the purposes for which property may be vest....

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....tilla of evidence suggestive of malus animus in Government. At this state Shri Deshpande complained that actually the Municipal Committee had sold away the excess land marking them out into separate plots for a housing colony, apart from the fact that a housing colony is a public necessity, once the original acquisition is valid and title has vested in the Municipality, how it uses the excess lan....