The Government cannot change the public purpose in midstream. The acquisition proceedings are in progress and the land has not vested in the Government. The Government must adhere to the original purpose. If they want to depart from the original purpose the only course is to start fresh acquisition proceedings.

( 1 ) IN this letters patent appeal an application was made to us on 21st January, 1982 for an early hearing of the appeal. It was stated that the land in question is required for widening the road in connection with the Asiads 82 and was immediately needed for a public purpose. We agreed to hear the appeal, as we generally do in such cases. We have now heard counsel for the parties. We give our decision immediately.

( 2 ) THE short question in this appeal is whether the Government can change the purpose of acquisition of the land and acquire it for a purpose other than that declared by it under section 6 (2) of the Land Acquisition Act, 1894 (the Act ).

( 3 ) THESE are the facts. On 4th May, 1960 the appellant, Union of India, issued a notification under sections 4, 6 and 17 of the Act in respect of a plot of land measuring 12 bighas 2 biswas in Khasra No. 68 situated in village Kilokari. The notification stated that the land was required for a public purpose, namely, the construction of a fire station pursuant to the request made by the Municipal Corporation of Delhi under section 199 of the Delhi Municipal Corporation Act, 1957. By this notification the provision of sub-section I of section 17 was invoked and it was declared that the provision of section 5a shall not apply.

( 4 ) ON November 7, 1960 the respondent s father, Brij Bhushan, brough a petition under Article 226 of the Constitution challenging the notification dated 4th May, 1960. This writ petition was dismissed on 26th November, 1969. The only ground taken in that case was that the notification under sections 4, 6 and 17 was invalid on the ground that the Municipal Corporation of Delhi had not approached the owner for the purpose of aprivate purchase from him and unless the Commissioner negotiates with the owner for the sale of land to him acquisition proceedings cannot be taken. This argument was repelled. It was held that there is nothing in section 199 of the Municipal Corporation Act which makes it compulsive for the Commissioner to start negotiations for purchase by private treaty or to suggest that without this he cannot ask the Central Government to acquire the land for the Corporation.

( 5 ) ON 7th May, 1971 the Government issued notices under sections 9 and 10 of the Act. In these notices it was stated that the land was required for the public purpose, namely, "planned development of Delhi". On receipt of this notice the owner Brij Bhushan brought a petition on 10th June, 1971 under Article 226 of the Constitution. The owner now challenged the validity of the notices issued under sections 9 and 10 of the Act. In their counter-affidavit the Government abandoned the purpose of planned development and came out with the case that the land is now required for "construction of staff quarters of Delhi Administration". The learned single judge by order dated 8th October, 1976 allowed the writ petition. He held that it was not open to the Government to change the original purpose of acquisition. From his order the Union of India appeals to this court.

( 6 ) THE single point for our decision is whether the land required for a fire station can be acquired now for a different purpose. It is admitted before us, as was admitted before the learned judge, that the original purpose of acquisition was to build a fire station and that as the court issued an order of stay against dispossession from the land in question in the earlier writ petition another piece of land was acquired and a fire station was constructed on it.

( 7 ) THIS is also admitted that notices under sections 9 and 10 dated 7th May, 1971 had been wrongly issued and that they had been withdrawn. The admitted position of the Government today is that notices under sections 9 and 10 of the Act dated 16th November, 1971 were issued to the owner mentioning therein the purpose of acquisition as construction of staff quarters for Delhi Administration . The owner Shri Nand Kishor