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Andhra Pradesh High Court
Judges : P.SATYANARAYANA RAJU
V.Harihara Prasad - Appellant
Versus
K.Jaganna Dhan - Respondent
Decided On : 02-10-55
LAND ACQUISITION - PUBLIC PURPOSE - ACQUISITION FOR CONSTRUCTION OF TEMPLES - VALIDITY - LAND ACQUISITION ACT, 1894, SS. 4, 6, 17 (4) - CONSTITUTION OF INDIA, ART. 19 (1) (F), ART. 31.
Fact of the Case:
The petitioner, a hereditary trustee of a temple, challenged the acquisition of temple lands by the State for the construction of a temple by a private company, alleging that it was not for a public purpose and that it violated his fundamental rights under Art. 19 (1) (f) read with Art. 31 of the Constitution.
Finding of the Court:
The court held that the acquisition was for a public purpose as the temples were intended to serve all members of the community without distinction of caste and that the acquisition was not mala fide or unjustifiable.
Issues: 1. Whether the acquisition of land for the construction of temples by a private company is a public purpose? 2. Whether the acquisition violates the petitioner's fundamental rights under Art. 19 (1) (f) read with Art. 31 of the Constitution?
Ratio Decidendi: 1. The court held that the acquisition of land for the construction of temples by a private company is a public purpose as the temples were intended to serve all members of the community without distinction of caste. The court relied on several precedents holding that the expression "public purpose" is not capable of precise definition and has not a rigid meaning, and that it takes its colour from the statute in which it occurs, the concept varying with the time and state of society and its needs. 2. The court held that the acquisition did not violate the petitioner's fundamental rights under Art. 19 (1) (f) read with Art. 31 of the Constitution as the acquisition was for a public purpose and there was no mala fide or unjustifiable exercise of power.
Final Decision: The court dismissed the petition with costs.
( 1 ) THIS is a petition under Art. of the Constitution for the the issue of a Writ of Prohibition on other appropriate Writ prohibiting respondent 2 (The State of Andhra, represented by the Collector, Guntur District) from acquiring and taking possession of the lands belonging to the petitioner or in the alternative for the issue of a Writ of Certiorari, calling for the records relating to the acquisition of the said lands by respondent 2 and quashing the proceedings therein.
( 2 ) THE petitioner is the hereditary trusted of Sri Bhavanarayana Swami temple, Ponnur village in the Guntur District. Respondent I is one Kota Jagannadham. Respondent 2 is the State represented by the Collector of the Guntur District.
( 3 ) THE facts which give rise to this Writ petition may be stated ; Sri Bhavanarayanaswamy temple, of which the petitioner is the trustee, owns various lands in and around Ponnur. About 10 years ago, respondent 1 started building a temple in the same village by the name of Sri Sahasralingeswaraswami temple. He raised money mostly by donations and subscriptions for the construction of the temple. In or about the year 1947, he (respondent 1) whished to acquire Ac. 3-18 cents of land belonging to Sri Bhavanarayanaswamy temple and for that purpose made a proposal to the petitioner offering to give in exchange wet lands of double the extent in the neighbouring village of Patchalatadiparu and this proposal was agreed to by the petitioner subject to the sanction of the Hindu Religious Endowments Board. The Proposal wa not however accepted by the Hindu Religious Endowments Board, whereupon respondent 1 on behalf of the Sahasralingeswaraswami Sangham, applied to the Government for acquisition of the lands by private negotiation for the temple. He was informed by the Government that the acquisition of land on behalf of private individuals was not provided for under the Land Acquisition Act. He was further informed on 21. 1. 1949 that the land could not be acquired as the Sangham was not a registered body and as it did not come within the definition of Company in S. 3 (e), Land Acquisition Act. The Sangham thereupon got itself registered under the Indian Companies Act and then applied for the acquisition of the lands required for the construction of the temple. The petitioner objected to the acquisition stating that the lands were very valuable. On a consideration of the objections so raised, the Government finally approved the draft notifications and the draft declaration and also directed that the articles in the Memorandum of the Association of the Sangham be suitably amended to make the temple, proposed to be constructed accessible to the Hindu public without distinction of caste or community.
( 4 ) ON 3. 2. 1953, In G. O. Ms. No. 169 (Rural Welfare Department) the following Notification was published :"whereas it appears to the Government of Madras that the land specified below is needed for a public purpose, to wit, for the construction of temples on behalf of Sri Sahasralingeswaraswami Seva Sangham, Limited, Ponnu, notice to the effect is hereby given to all whom it may concern in accordance with the provisions of S. 4 (1), Land Acquisition Act 1 of 1894, as amended by the Land Acquisition (Amendment) Act of 1923 ; and the Government of Madras hereby authorises the Sub-Collector, Guntur, his staff and workmen to execise the powers conferred by S. 4 (2) of the Act. Under sub-s. (4) of S. 17 of the Act, the Governor of Madras directs that, in view of the urgency of the case, the provisions of S. 5a of the Act shall not apply to the acquisition of the arable land specified below : Guntur District, Bapatla Taluk, Ponnur village. (The extent given is approximate) Unregistered religious service Inam, dry, S. No. 228, belonging to trustee of Sree Bhavanarayanaswamy Temple, Ponnur -- 3. 11 acres. Unenfranchised religious service Inam, dry, S. No. 386-22 belonging to same as in S. No. 228 -- 0. 07 acres, To
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