Jammu Ath Palli Dhars Committee Badagara v. State of Kerala
1959-11-30
S.VELU PILLAI
body1959
DigiLaw.ai
JUDGMENT S. Velu Pillai, J. 1. This is a petition under Article 226 of the Constitution to quash notifications, Exts. A and B, under S.4 and 6 of the Land Acquisition Act, under which, 4 cents of land in Survey No. 109/4 were notified for acquisition, for the purpose of a school. The two principal grounds on which the orders are sought to be quashed, are, first, that the notifications infringed the petitioner's right under Article 26 of the Constitution as he is conducting a religious institution and secondly, that the petitioner was not heard as regards the acquisition, and the rules of natural justice have thus been violated. On the first, the only clause in Article 26 which can have any application to the case, is clause (d) which is in these terms: "to administer such property in accordance with law" As the Supreme Court has pointed out in Sarup Singh v. State of Punjab, AIR 1959 SC 860 , the right under the clause is not without any limitation as that under clause (b) of Article 26, the former being subject to any provision of law. The Land Acquisition Act, which clearly provides for the acquisition of property for a public purpose, is such a provision of law, and so by the acquisition per se, there is no infringement of the fundamental right under Article 26. 2. S.5(A) of the Land Acquisition Act provides for the issue of a notice to any person interested in the land proposed to be acquired; but this right, whatever be its nature, is made subject to the provisions of S.17(4) of the Land Acquisition Act which are designed to meet cases of urgency. The provisions in S.17(4) have not been impugned in this case. There was no dispute before me, that the question of urgency under S.17(4) is not amenable to judicial review. There is thus no legal ground on which the notifications can be impugned. The petition is dismissed with costs to the 1st respondent, the State.