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TMI Blog1994 (12) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... blic purpose, since those two temples have been in existence for well over years without any need for them to be connected. There is no specification either in the notification or in the counter affidavit to disclose the purpose .behind the proposed acquisition denying to the appellants an opportunity to effectively object to the acquisition. Right of objection statutorily given to the owner of the land under s.5A of the Act should not be made illusory by vague statement of public. purpose. It is, therefore, a colourable exercise of the power and also is vitiated on the ground of vagueness. 3. It is also contended that by running the business of selling flowers in the house proposed to be acquired to .the pilgrims and a small hotel is being run, they would also serve public purpose of catering service to the pilgrims denying their livelihood, offend their right to life. Attempts were made to purchase the property from the appellants by negotiation which were turned down by the Charity Commissioner by his finding that the purchase does not serve any public purpose. Therefore, the exercise of the power by the State under s.4 is malafide amenable to judicial review under Art.226 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be a practical proposition even to attempt a comprehensive definition of it. It is because of this that the legislature has left it to the Government to say what is a public purpose and also to declare the need of a given land for a public purpose. At p.804 it was held that whether in a particular case the purpose for which land is needed is a public purpose or not is for the State Govt. to be satisfied about. If the purpose for which the land is being acquired by the State is within the legislative competence of the State, the declaration of the Government will be final subject, however, to one exception. That exception is that if there is a colourable exercise of power the declaration will be open to challenge at the instance of the aggrieved party. If it appears that what the Government is satisfied about is not a public purpose but a private purpose or no purpose at all, the action of the Government would be colourable as not being relatable to the power conferred upon it by the Act and its declaration will be a nullity. Subject to this exception the declaration of the Government will be final. Therefore, the Constitution Bench upheld the notification when it was mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of the power as the State Govt. did not apply its mind to matters in respect of which it ought to have been satisfied before the declaration under s.6 of the Act was made. Considering the effect of the notification a bench of three Judges held that it must appear to the State Govt. that the land sought to be acquired is needed or is likely to be needed for a public purpose before notification under s.4(1) is published. The notification under s.4(1) and the declaration under s.6 were held to be valid. In Babu Singh v. Union of India, AIR 1979 SC 1713 at 1716, paragraph 7, a bench of two Judges was to consider whether public purpose set out in the notification under s.4(1) and the declaration under s.6 were different from each other and the declaration thereby becomes invalid. Considering that question it was held that the notification under s.4(1) and the declaration under s.6 that the land Was needed for the extension of soil conservation and other improvement work in the catchment area of Sukhna Lake, Chandigarh and for raising a green belt around the Capital was held to be public purpose and was not vague. In Srinivasa Coop. House Building Society Ltd. v. Madam Gurumurt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-s.(1) ors.6 was published, the public purpose was held to be conclusive by operation of sub-s.3 ors.6. If there is any vagueness and if it is specified in the counter affidavit or is evident from the record, it was also accepted by this court amplifying the public purpose in the notification. If it is not a public purpose, i.e. to serve general interest but individual interest, it was held to be a colourable exercise of power. In M.P. Housing Board 's, case as no mention was made of any public purpose in the notification issued under s.4(1), the subsequent clarification was not accepted by this Court. This Court did not lay down any law contrary to or inconsistent with the law laid down by the two Constitution Bench Judgments and successive three Judge Benches and two Judge Benches. Therefore, the ratio therein must be understood in the backdrop of the facts and renders little assistance to the appellants. 8. The contention that it is also a malafide exercise of power has no legs to stand. In Abdul Husein Tayabali Ors. v. State of Gujarat Ors., 1968 (1) SCR 797, a bench of three Judges of this Court considered whether the State Govt. has exercised the power mala fide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and the EIder yogi would give darshan to the devotees on a speciallyeracted platform at a distance of 500 sq. yards and after 10 minutes the door from outside would be closed and he would get himself seated on the platform after 10 minutes and thereafter the closed platform would be opened and throughout the day he would give darshan. The EIder yogi used to give darshan and retired back into Ashram on the next day midnight. Both brothers closed their eyes. There were neither windows to get air nor ventilators to exhaust air from inside. Keeping the ashram closed throughout the year without air, not only makes the life impossible to live but also bad Odour would emit contrarily when the doors were opened, perfume smell come out from the rooms. They did their ceaseless penance for well over 40 years. It is a miracle that they surpassed human physiology and they know the latest technological development. EIder yogi started his penance even when electricity was not known in the villages. He knows the mechanism of electrical operations and explained new developments in the country by his signals since he observed only silence. It is highly impossible to walk when they always keep the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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