Judgment

KRISHNA IYER, J. :- Brevity will do not 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 appellants land for the stated public purpose of running a country fair or market (mondha) under the Hyderabad Land Acquisition Act (for short, the Act) which is closely similar to the Land Acquisition Act, 1894 (Central Act). The first charge is that the High Court dismissed the Writ Petition in limine. Seven years after the 1968 event, we cannot consider sending back the case even if there be justice in the submission. We have therefore heard counsel Shri Deshpande on his substantive grievances. The second contention is that there is no public purpose to support the acquisition which is allegedly ultra vires the Municipalitys powers. We disagree. Providing a village market is an obvious public purpose and a municipal facility. The last plea which has been pressed strenuously is that the acquisition exercise is bad being mala fide-an uphill task to make out against a public body. Was this colourable exercise of power?

2. St