Law:

Section:

(a) Land Acquisition Act (I of 1894)---S. 4(1)-Acquisition of land-Mala fides-Land in dispute being out­side municipal limits when intended to be acquired for housing scheme under Punjab Acquisition of Land (Housing) Act, 1973 and as such not open to acquisition under Housing Act, notification issued extending municipal limits to such land, earlier notification withdrawn and fresh notification issued-Validity of notification challenged on plea of acquisition being mala fide and taken on account of main respondent being politically opposed to Government then in power and whose Prime Minister stood on inimical terms with such respondent­ Enmity between main respondent and Prime Minister then in power fully established on record-Once Adviser to such Prime Minister and founder member of his political party in relevant district as well as Member of Provincial Assembly on such party's ticket, appearing as witness and stating to have been informed by his close friend, then Chief Minister of Province, that Prime Minister directed him to politically squeeze main respondent and to take some administrative and political measures against him and accordingly several actions came to be taken against him-Provincial Government, according to witness, also received directions from Prime Minister to take positive measures against main respondent and his family, acquisition proceed­ings of property of main respondent and others being one of such actions--Deputy Commissioner of District concerned, according to witness, suggested some available State land for such purpose, people having been insisting for acquisition of such land but he directed Deputy Commissioner in clear terms that Prime Minister ordered acquisition of suit land in all circumstances-Failure of Deputy Com­missioner to appear in witness-box and categorical evidence of witness, held, leads to irresistible conclusion of Deputy Commissioner having acted under instructions from Prime Minister, moreso when no approval of District Works Council obtained for relevant Scheme and acquisition proceedings hence tainted with malice. (b) Words and phrases- -- "Mala fides"-Mala fide act, held, by its nature an act without…

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