Define public purpose with suitable examples and case law PDF

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Define public purpose with suitable examples and case law...

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Define public purpose with suitable examples and case law Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for a public purpose, and shall include the following purposes, namely:-(a) For strategic purposes relating to the naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, the safety of the people; or (b) For infrastructure projects, which includes the following, namely: (i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March 2012, excluding private hospitals, private educational institutions and private hotels; (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute; (iii) project for industryal corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy; (iv) Project for water harvesting and water conservation structures, sanitation; (v) Project for Government administered, Government aided educational and research schemes or institutions; (vi) Project for sports, health care, tourism, transportation or space programme; (vii) Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; (c) Project for project affected families; (d) Project for housing for such income groups, as may be specified from time to time by the appropriate Government; (e) Project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas; (f) project for residential purposes to the poor or landless or persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State Instances of Public Purpose: Railways, telegraph, roads, railway stations, bus stations, aerodrome, industrial estates dairy projects, mining, defence operations, dams, parks, archaeological sites, fire station, educational institutions, public libraries, widening of roads, construction of buildings for hospitals, maternity homes, and child welfare centre, providing houses for slum dwellers etc. are all the instances of public purpose. Case law The Supreme Court in State of Bombay Vs. R.S. Narji 1956 AIR 294 has held that in each case all the facts and circumstances will require to be closely examined in order to determine

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whether a public purpose has been established. Public purpose is not capable of precise definition. Each case has to be considered in the light of the purpose for which acquisition is sought for. It is to serve the general interest of the community as opposed to the particular interest of the individual. Public purpose broadly speaking would include the purpose in which the general interest of the society as opposed to the particular interest of the individual is directly and vitally concerned. Generally the executive would be the best judge to determine whether or not the impugned purpose is a public purpose. Yet it is not beyond the purview of judicial scrutiny. The interest of a section of the society maybe public purpose when it is benefited by the acquisition. The acquisition in question must indicate that it was towards the welfare of the people and not to benefit a private individual or group of individuals joined collectively. Therefore, acquisition for anything which is not for a public purpose cannot be done compulsorily - Manimegalai Vs. The Special Tahsildar(Land Acquisition Officer) Adi Dravidar Welfare, AIR 2018 SC 2020 In Somawanti Vs. State of Punjab 1963 AIR 151 the Supreme Court has an occasion to consider the true import of expression "public purpose" in the context of the provisions of the Land Acquisition Act. After main a reference to the definition clause where the expression "public purpose" is defined, the Supreme Court observed as under: “This is an inclusive definition and not a compendious one and therefore, does not assist us very much in ascertaining the ambit us very much in ascertaining the ambit of the expression 'public purpose'. Broadly speaking the expression' public purpose' would, however, include a purpose in which the general interest of the community, as opposed to the particular interest of individuals, is directly and vitally concerned.” “Hence the expression "public purpose" would include purpose in which the general interest of the community as opposed to the particular interest of the individual is directly or vitally concerned. Whatever furthers the general interest of the community as opposed to the particular interest of the individual must be regarded as public purpose. Thus scope of the expression is obviously not static and must change with varying concept, time, state of society and its needs. Therefore, the proper approach is to consider the scheme as a whole and then examine whether the entire scheme of acquisition is for a public purpose of not. It will be an entirely wrong approach to pick up a stray item or clause out of the scheme and then say that the said clause is not actuated by public purpose. The phrase "public purpose" will have to be construed according to the spirit of the times and the needs of the society. The question will have to be decided in each case on the touchstone as to whether the acquisition is in the interest of community or section of society as distinguished from private interest of an individual.”

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