Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5, 6 & 18---Acquisition of land---Notification under S.5, Land Acquisition Act, 1894 was published in the Gazette but no objection was tiled by the land owner at the opportune time---Notification under S.6 of the Act was also got published by the Commissioner after completion of formalities envisaged under Ss. 4 & 5, Land Acquisition Act, 1894---Land owner did not take any action for redressal of his grievance for about seven months after the publication of notification under S.5 of the Act and filed Constitutional petition before High Court which was dismissed---Landowner, by invoking S.18, Land Acquisition Act, 1894 filed a reference to get compensation enhanced which was demonstrative of the fact that the real grievance of the landowner was not the acquisition of land but improper compensation. (b) Land Acquisition Act (I of 1894)-- ---S. 4---Acquisition of land---Public purpose---Principles---Provision of Fruit and Vegetable Retailers Market was in the ultimate interest of public at large--- Acquisition of land for construction of such a market was for public purpose. In the present case land in question had been acquired for public purpose as was indicative from notification issued under section 4 of the Act which made it abundantly clear that the land was acquired for the construction of Fruit and Vegetable Retailers Market. By no stretch of imagination can it be inferred that the land in question was not acquired for public purpose and that its main object was to give benefit to a few private retailers. A requisition can be for public purpose even though it is given to an individual or group of individuals. If the object of such person or persons is to have the land for the immediate benefit of public, it can be held to have been taken for a public purpose. If, however, the benefit to the public is only prospective, remote or incidental, the purpose is not public. Contrarily if the object is the benefit of the public is direct and immediate and someone derives some benefit incidentally or remotely, the purpose is a public purpose. The provision of Fruit and Vegetable Retailers Market is in the…

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