IMPORTANT POINT
A purpose complementary to public purpose is also a public purpose.

ORDER

1. The appeal has been preferred by the M/s. Meena Devi Jindal Medical Institute and Research Centre questioning the judgment and order passed by the High Court of Delhi at New Delhi on March 03, 2005 in W.P. (C) No. 1479 of 1982 repelling the challenge to the land acquisition proceedings initiated under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') as per the Notification issued on 19.3.1981. Enquiry under Section 5A of the Act was held. The objections preferred by the appellant were duly considered and rejected. Thereafter declaration under Section 6 of the Act was issued on 21st September, 1981. Appellant/Petitioner filed writ petition before the High Court of Delhi questioning the land acquisition proceedings in the year 1982.

2. The facts unfold that one Smt. Kanso Devi (since deceased) was owner of the property. She had entered into an agreement dated 21.04.1979 with Rank Television Pvt. Ltd. for construction of group housing society. Appellant No.1 herein claims to be registered society under the Societies Registration Act, 1860 and it was formed with the object to establish and maintain hospitals for philanthropic purpose and it entered into a lease agreement with owner Kanso Devi on 3.1.1981. The lease agreement has been concurred by Rank Television Pvt. Ltd., as confirming party. It was tri-partite agreement. Later on 17.2.1981 the appellant No.1 herein entered into an agreement to sell with respect to said property with Kanso Devi. It was confirmed by M/s Rank Television Pvt. Ltd. Power of Attorney has been obtained by the appellant No.1 from Kanso Devi and the appellant had been placed in possession of the property.

3. Kanso Devi purportedly executed a will in favour of the appellant No.1 on 4.4.1982. She ultimately died on 27.11.1989 during the pendency of the writ petition. It is submitted that property had been mutated in the name of the appellant No.1-charitable institution . The acquisition had been questioned in the High Court on the ground that in the Notification issued under Section 4 of the Act, purpose was shown to be planned development of Delhi. Only 10,000 Sq. Yard land comprised in Khasra No. 394 (plot no.20), Alipur Road, Delhi was proposed to be acquired.

4. It was not specified in the Notification for what specific purpose of planned development of Delhi, Notification had been issued. Thus the objection raised by the Appellant No.1 herein, in the course of enquiry, held under Section 5A of the Act, had been illegally rejected. The acquisition for the purpose of School was not mentioned in the Notification issued under Section 4 of the Act as such the Notification was vague and no useful purpose would be served by acquisition of a small plot of land.

5. It was not disputed that in the zonal plan prepared for development of Delhi, the area in question had been shown as reserved for the institutional purposes.

6. The writ application was resisted on behalf of the respondents on the ground that acquisition had been made in accordance with law for the planned development of Delhi. Ultimately it was for the purpose of the school the acquisition had been made and it would be open after acquisition to change the purpose related to the planned development of Delhi as such there was no illegality in the acquisition of the land and no mala fide has been attributed.

7. The High Court by the impugned order has dismissed the writ application on various grounds; firstly that acquisition is permissible for planned development of the city. Apart from that, it has been found that in that zonal development plan of Delhi the area in question had been shown for the institutional purposes thus, it was open to acquire the area in accordance therewith for the purpose of planned development of Delhi. The petitioner No.1, at the relevant point of time, was having only agreement to sell in its favour. The enquiry was properly held under Section 5A of the Act. Thus the writ petition has been ultimately