Law: Land Acquisition Act, 1894

Section: 4,5,5A,6,39,42,54

Law: Specific Relief Act, 1877

Section: 42

Land Acquisition Act (I of 1894)--- ---Ss. 4, 5, 5-A, 6, 39, 42 & 54---Specific Relief Act (I of 1877), S.42---Acquisition of land---Suit for declaration---Suit property was acquired on the basis of award---Said award as well as acquisition proceedings were challenged by the plaintiff/landowners, alleging that suit property was not acquired for any public purpose as no notice under Ss.5 & 5-A of Land Acquisition Act, 1894 was issued; and that no previous sanction in respect of acquisition was obtained as required under S.39 of the said Act---Trial Court decreed the suit of plaintiffs and appeal filed by the organization from whom land was acquired had also been dismissed by Appellate Court---Validity---Plaintiffs having pleaded that organisation was not a company and the acquisition was not for a `public purpose', onus was shifted to organisation to establish that it was a company or registered society; and that acquisition was for a `public purpose ; and that necessary sanction was obtained under the law---Defendant/organisation had not uttered a single word in the written statement that it was a company or registered society and also no evidence was produced by the defendant that it was a company or registered society---Witnesses who appeared before the Trial Court on behalf of Acquisition Department, had admitted that no agreement was executed on behalf of the company/organisation with the Commissioner---Defendant had failed to establish any previous consent of the Government to prove that any inquiry was held to show that acquisition was necessary for the `public purpose'---No convincing and worth reliance evidence was available on record regarding the status of the defendant as a company or registered society---Provisions of Land Acquisition Act, 1894, in circumstances were wrongly and illegally invoked by the Collector in favour of defendant/organisation against the plaintiff---Acquisition was neither in `public interest' nor the legal requirement of Ss.39 to 42 of Land Acquisition Act, 1894, was complied with---Courts below, in circumstances had rightly decreed the suit filed by the plaintiffs against the defendant after making legal and proper…

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