AIR 1982 DELHI 462 ::(1982) 22 DLT 251

Delhi High Court

Hon'ble Judge(s): A. B. Rohtagi, Leila Seth , JJ

(A) Land Acquisition Act (1 of 1894) , S.6, S.17, S.9, S.10— Acquisition of land for public purpose - Government Cannot change purpose and acquire for purpose other than that declared under S.6(2). The Government has no right to change the public purpose in midstream. The Government cannot change the original public purpose till the acquisition is complete. After the land has vested in it the Government has a right to change the use to which it will put the land. The Government must adhere to the original purpose. If they want to depart from the original purpose the only course is to start fresh acquisition proceedings. In the instant case the acquisition proceedings were in progress. Before the land vested in the Govt. at the time of issuing notices under Ss. 9 and 10, it changed the public purpose from fire station to the construction of staff quarters. This was not sanctioned under the Act and was illegal. Case law discussed.(Para 9 19) There is a more fundamental reason why public purpose cannot be changed from a fire station to the construction of staff quarters. Sec.17 confers emergency powers on the Government. The statutory hypothesis of this section is an emergency. The section contemplates emergency of two kinds. In sub-sec.(1) of Sec.17 the legislature contemplates an emergency whi....