JUDGMENT

Ravi Shanker Jha, C.J. - Whether the permission for change of land use/licence/NOC/any other permission granted once, would grant immunity to the said land for all times to come, from its acquisition by the State under the applicable Land Acquisition Act (In the present case, it is land Acquisition Act 1894), even if it is required for the "Public Purpose", is the question posed before us to answer in the instant civil writ petition.

2. The genesis of the instant case lies in the era of Land Acquisition Act 1894 (hereinafter to be referred as 1894 Act) which is commonly known as "era of compulsory acquisition" whose basic foundation was "public interest" which was given supremacy on "private interest". It is well known facet of law that when so ever conflict arises between "public interest and private interest", the private interest has to make way for public interest and that is how, the 1894 Act contributed to the development of this country. The 1894 Act was in itself a complete code and had prescribed the procedure so as to raise grievance against the action of the State Government to acquire someone's land and when so ever Courts found any deviation of State/its authori