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Issues Involved:
1. Vagueness of the public purpose in the notification. 2. Allegation of malafide exercise of power. 3. Adequacy of the land for the proposed public purpose. 4. Judicial review of administrative action under Articles 226 and 136 of the Constitution. 5. Prior negotiation attempts and their impact on the acquisition process. Issue-wise Detailed Analysis: 1. Vagueness of the Public Purpose in the Notification The appellants contended that the specification of the "public purpose" in the notification was vague and that the acquisition for the Saibaba Sansthan did not serve any public purpose. They argued that the notification and the counter affidavit did not disclose the purpose behind the proposed acquisition, thus denying them an opportunity to effectively object under Section 5A of the Land Acquisition Act. The Court, however, referred to several precedents, including Smt. Somavanti & Ors. v. The State of Punjab & Ors., which established that public purpose is not capable of a precise definition and is subject to the Government's satisfaction. The Court concluded that the notification was not vague and upheld the public purpose as valid. 2. Allegation of Malafide Exercise of Power The appellants claimed that the State's exercise of power under Section 4 was malafide and a colourable exercise of power, amenable to judicial review under Articles 226 and 136 of the Constitution. They cited the Charity Commissioner's refusal to purchase the property by negotiation as evidence of malafides. The Court, however, found no merit in this argument, referencing Abdul Husein Tayabali & Ors. v. State of Gujarat & Ors., which held that unless the Government's action is shown to serve a private purpose, it cannot be deemed malafide. The Court concluded that the acquisition was for a public purpose and not malafide. 3. Adequacy of the Land for the Proposed Public Purpose The appellants argued that the area under acquisition was too small for the construction of a Dharamshala, resting room, and Prachar Hall, thus serving no useful purpose. The Court dismissed this argument, emphasizing that the need to connect two temples (Saibaba and Dwarka Mai Mandir) through the acquired land was a valid public purpose. The Court noted the significant number of pilgrims visiting the Saibaba Temple and the necessity of providing access to the temples, thereby justifying the acquisition. 4. Judicial Review of Administrative Action The appellants sought judicial review of the administrative action under Articles 226 and 136 of the Constitution. The Court reiterated the principles from Tata Cellular v. Union of India, emphasizing that administrative actions are amenable to judicial review. However, it maintained that as long as the public purpose is shown and the land is needed or likely to be needed, the exercise of power cannot be invalidated on grounds of malafides or colourable exercise of power. The Court upheld the State Government's decision, noting that it is primarily for the Government to decide the existence of a public purpose. 5. Prior Negotiation Attempts and Their Impact on the Acquisition Process The appellants highlighted that an earlier attempt to purchase the property by negotiation was turned down by the Charity Commissioner, arguing that this rendered the subsequent acquisition process malafide. The Court clarified that the failure to purchase the land by negotiation does not constitute a malafide or colourable exercise of power. It emphasized that the Act allows for negotiation by private sale even during pending acquisition proceedings, and the Government's decision to acquire the land following the failed negotiation was legitimate. Conclusion The Court dismissed the appeal, affirming the validity of the notification under Section 4(1) of the Land Acquisition Act. It concluded that the public purpose was neither vague nor malafide, and the acquisition process was conducted in accordance with the law. The appeal was dismissed without costs.
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