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HIGH COURT OF CALCUTTA
Sinha
GURUDAS SAHA - Appellant
Versus
FIRST LAND ACQUISITION COLLECTOR OF CALCUTTA - Respondent
O. S. 70 Of 1953
Decided On : FEBRUARY 01, 1957
LAND ACQUISITION - PUBLIC PURPOSE - ACQUISITION FOR COMPANY - NOTIFICATION UNDER SECTION 4 - PUBLIC PURPOSE TO BE STATED - CONSTRUCTION OF WORK - MALA FIDES - LAND ACQUISITION ACT, 1894, SECTIONS 4, 5-A, 38, 39, 40, 41, 42.
Fact of the Case:
The petitioner, a co-sharer in a five-storeyed house in Calcutta, challenged the acquisition of the property by the Ram Krishna Mission under the Land Acquisition Act, 1894, for the expansion of a Students' Home. The petitioner contended that the acquisition was not for a public purpose, that the notification under Section 4 of the Act did not state a public purpose, and that the acquisition was mala fide.
Finding of the Court:
The Court held that the acquisition was for a public purpose, as the extension of the Students' Home would benefit the public. The Court also held that the notification under Section 4 was valid, as it stated the purpose of the acquisition, and that the acquisition was not mala fide.
Issues: 1. Whether the acquisition of the property was for a public purpose? 2. Whether the notification under Section 4 of the Land Acquisition Act was valid? 3. Whether the acquisition was mala fide?
Ratio Decidendi: 1. The Court held that the acquisition was for a public purpose, as the extension of the Students' Home would benefit the public. The Court noted that the provision of housing for labour and amenities connected therewith is a public purpose, and that the extension of the Students' Home would involve alterations and adjustments, which would satisfy the requirement of Section 40(1)(b) of the Land Acquisition Act. 2. The Court held that the notification under Section 4 was valid, as it stated the purpose of the acquisition. The Court noted that the words "public" and "for a public purpose" had been struck out from the notification, but that this was due to a misleading note in the printed form, and that the purpose of the acquisition had been concisely described. 3. The Court held that the acquisition was not mala fide. The Court noted that the Mission had initially offered to purchase the property by private treaty, but that this had not been possible, and that the Mission had then resorted to acquisition proceedings. The Court also noted that the Mission had offered to pay a sum of Rs. 2,50,000/- for the property, but that the petitioner had chosen to stand on his legal rights.
Final Decision: The Court dismissed the petition and discharged the rule.
( 1 ) THE facts in this case are shortly as follows :
( 2 ) THE petitioner and his co-sharers were the proprietors of premises No. 20 Jadulal Mullick Road, Calcutta, being a five-storeyed house constructed on land of the approximate area of 4 cottahs 10 chattaks. The house was constructed in 1948, and the petitioner Gurudas Sana had 1/3rd share in the same. In or about 1951, the petitioner filed a suit in this Court for partition of the joint estate, being Suit No. 901 of 1951. On the 19th February, 1952 a decree was passed therein whereby it was declared that the said premises are incapable of partition by metes and bounds and so it was to be sold by a Commissioner under the provisions of the Partition Act, by public auction to the best purchaser, with liberty to the parties to bid at such sale. Under the said decree, two solicitors of this Court were appointed joint Commissioners and Receivers for the purpose of carrying out the directions in the decree. On the 4th February, 1953 they advertised sale of the property to take place on the 7th March, 1953. The Ram Krishna Mission, a well-known religious and charitable institution, had an office contiguous to the premises at 18, Jadulal Muiiick Road. By letter dated the 17th January, 1953 it made an offer to the joint Commissioners to purchase the said premises No. 20, Jadulal Mullick Road, by private treaty, for a consideration of Rs. 2,50,500. It is stated that the Commissioners were willing to accept the offer but the parties objected and on 'the 22nd January, 1953 the Mission was informed that the offer could not be accepted. Thereafter, the premises were put up for sale by public auction on the 7th March, 1953 and the petitioner Gurudas Sana, made the highest bid, viz. , Rs. 2,50,000, which was accepted. The petitioner then entered into an agreement with the Joint Commissioners. Prior to the sale, however, a notification was published under Section 4 of the Land Acquisition Act, being Notification No, 2860 L. A. dated 11-2-53 in the Calcutta Gazette (Extraordinary) dated the 11th February, 1953. A copy of this notification is annexed to the petition and marked with the letter 'b'. The relevant part of the notification runs as follows:"whereas it appears to the Governor that the land is likely to be required to be taken by Government at the expense of the Ram Krishna Mission for the expansion of the Students Home known as Ram Krishna Mission Asram in ward No. V of the Calcutta Municipality of the city of Calcutta, it is hereby notified that for the above purpose a piece of land comprising premises No. 20, Jadulal Mullick Road, Calcutta. . . . . is likely to be required within the aforesaid Ward No. V of the Calcutta Municipality in the city of Calcutta. . . . . in exercise of the powers conferred by the aforesaid section, Government is pleased to authorise the officers for the time being engaged in the undertaking, with their servants and workmen to enter upon and survey the land and do all other acts required or permitted by this section. . . . . "
( 3 ) A copy of this notification was served on the petitioner on the 20/29th February, 1953, calling upon him to file an objection in writing within 30 days. On or about the 12th March, 1953 the petitioner filed his objection. On the 11th April, 1953 a declaration bearing No. 7280 L. A. dated the 10th April, 1953 was published in the Calcutta Gazette (Extra-ordinary) under the provisions of Section 6 of the Land Acquisition Act. The relevant provisions thereof are as follows :"whereas it appears to the Governor that land is required to be taken by Government at the expense of Ram Krishna Mission, for the expansion of the Students Home known as Ram Krishna Mission Asram in Ward No. V of Calcutta Municipality in the city of Calcutta, it is hereby declared that for the above purpose a piece of land comprising premises No. 20, Jadulal Mullick Road. . . . . is required within the aforesaid Ward No. V of the Calcutta Munici
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