Kataria Constructions Pvt. Ltd. v. State of Haryana and Ors. - (High Court of Punjab and Haryana) (05 Nov 2015)

Balance acquired land can be used for other public purpose

MANU/PH/3229/2015

Land Acquisition

The Punjab and Haryana High Court dismissed petitions that land acquired by the government for construction and maintenance of a Master Plan road, but not used for the same, be declared as not acquired. The Petitioner had argued that the construction of multi-level parking and housing for economically weaker sections of society on land left over from construction of the planned road was not for a public purpose. Determining use to be for the convenience and welfare of the public, the Court distinguished it from commercial activity being conducted on such marginal land. It noted that the land had not been acquired for commercial purposes, rather a “purpose subservient to the purpose of acquisition of road or for any other public purpose”.

Relevant : Mohan Singh Gill and others v. State of Punjab and others, MANU/SC/0350/2015 M/s. Royal Orchid Hotels Limited and another v. G. Jayarama Reddy and others MANU/SC/1146/2011 Section 3 Land Acquisition Act, 1894 Act

Tags : LAND ACQUISITION MARGINAL BALANCE LAND PUBLIC PURPOSE