Holding

The acquisition is invalid and the notification is quashed because the public purpose no longer exists and more suitable land is available.

Summary

The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land nearer to the intended offices was available. The Supreme Court directed the State to file an affidavit confirming whether the land was still needed and if better land existed. The affidavit revealed that the major component of the scheme – the college of music – had been dropped and that ample agricultural land adjacent to the main road was available for the taluk and sub‑treasury offices. Considering that the original compact block proposal no longer subsisted and that more suitable land was accessible, the Court held that there was no justification for proceeding with the acquisition. Consequently, the notification dated 23 July 1981 was quashed and the appeals were allowed.

Issues considered

Whether the acquisition of land under the Land Acquisition Act, 1894 is valid when the original public purpose has been partially abandoned and better land is available.

Legislation cited

Land Acquisition Act, 1894

Subjects

land acquisitionpublic purposenotification quashedbetter land availableTamil NaduSupreme Court

Judgment

\ JAINULABUDEEN AND ORS. A
v.
THE GOVT. OF TAMIL NADU AND ORS.

MAY 4, 1994
B
[K. RAMASWAMY AND N. VENKATACHALA, JJ.]

1 Land Acquisition Act. 1894 : Land Acquisition-Validity of-When
better land available for public purpose-Also a major portion of proposed
scheme on land acquired dropped-Notification acquiring land quashed.
c
The State of Tamil Nadu initiated proceedings for acquisition of
certain lands resulting in these appeal•. During the hearing of the appeals
this Court directed the State Government to ascertain whether the land
was still needed for a public purpose, being a suitable one or there was
oilier better land available. In the Affidavit filed on behalf of the State it D
;
was asserted that the land in question was suitable for establishing taluk
office and sub-treasury office. However, from the record it was evident that
r (i) in the vicinity of the existing taluk office there were large open areas
available for acquisition whereas the land in question was situated at a
place far away from the place where tal_uk office is found; (ii) a major part
of the initial proposal to acquire 20 acres of land as a compact block to E
establish college of Music, taluk office, sub-treasury office, sub-jail etc. has
also been dropped.

Allowing the appeal, this Court
., F
HELD : In view of the fact that major part of the proposal appears
' to have not been pursued, the proposal to have a compact block no longer
sulisists. Considered from this perspective and in view of the fact that
there are other agricultural open lands available for acqujsition either to
the north or to the south of the taluk office abutting the main road, there
would be no justification for proceeding with the acquisition of the lands G
in question. Accordingly, the notification issued and published as regards
the lands in question is quashed. [901-A-C]

J. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1751 and
1752 of 1990. H
899
900 SUPREME COURT REPORTS 11994]3 S.C.R.

A From the Judgment and Order dated 18.12.89 for the Madras High
Court in W.A. Nos. 1069 & Hl70 of 1989.

A.T.M. Sampath and Ms. Pushpa Rajan for the Appellants.

A.Mariarputham and S. Balakrishmm for the Respondents.
B
The following Order of the Court was delivered :

''
W c need not dilate upon the previous history of this case. Suffice to
state that on April 6, 1994 when the appeals had come up for hearing, this
Court directed the respondents to produce the record and also a respon-
c sible officer to file an affidavit whether the disputed land is still needed for
a public purpose being a suitable one or there is no other better land
available to establish taluk office at Thiruvaiyaru. Pursuant thereto, an
affidavit had been filed by one G.V. Suresh, R.D.0., Thanjavur, Tamil
Nadu in which it is stated that the Government had proposed to open a
D sub-treasury al Thiruvaiyaru. In view of the fact that Sub-Taluk was
elevated to the status of regular Taluk they needed larger buildings, there
being congestion in the existing building and the Commissioner for Land
Revenue along with the Di:-.trict Collector and other officers, when in-
spected different lands and identified the present lands as suitable for
Taluk office aml sub-treasury office. Accordingly the proceedings for
E
acquisition, it is stated , were initiated.

In the record produced, a plan is available. From that plan it would
appear that the existing Taluk Office is situated on the west of the main
road and to the east of the main road, apart from the built-up-town, there
F are large open areas available for acquisition. The land in question admit-
tedly, is situated at a place far away from the place where Taluk Office is
found and is in a deviation road leading to Kumbhakonam. It is also stated
by the appellants that to the north of this area an cx1ent of 18 acres of land
is still available for acquisition.

G From the report of the Commissioner for Land Revenue, it becomes
clear that initially a proposal was made to acquire 20 acres of land as a
compact block to establish Raja's College of Music with all attended
facilities and 5 acres of land for establishing taluk office, sub-treasury
office, sub-jail etc. It would appear that the lands needed for the construc-
H tion of the music college are no longer needed. It becomes also clear that
JAINULABUDEEN 1•. GOVLOFTN. 901

in the present land there is a well developed coconut lope, paddy and A
sugarcane fields. They arc situated at lo\ver level than the road by 2 to 3
feel. We do not propose to go into the controversy \Vhethcr the proceedings
to acquire land for Music college were pursued or dropped as being
unnecessary for the purpose of this case.

The Commissioner appears to have been persuaded \vith the idea of B
the Collector to acquire the entire land for putting up a compact block and
their extensions of Raja College of Music with attached facilities etc. In
view of the fact that major part of the proposal appears to have not been
1
pursued, the proposal to have a compact block on longer subsists. Con-
sidered from this perspective and in view of the fact that on the main road
there are other agricultural open lands available for acquisition either to
c
the north or to the south.of the taluk office abutting the main road, we find
that there would be no justification for proceeding with the acquisition of
the lands in question. The Notification issued and published on 23rd July,
1981 is accordingly quashed, as regards the lands in question. It i.s needless
to mention that it is open to the authorities to acquire any other lands D
suited for the purpose of establishing the regular taluk office and other
offices. The appeals are allowed.

In the circumstances, the parties are directed to br-ar their own cost.

T.N.A. Appeals allowed.