AIR 1956 ASSAM 190

Assam High Court

Hon'ble Judge(s): Sarjoo Prasad , C.J. AND Ram Labhaya , J

(A) Land Acquisition Act (1 of 1894) , S.3(f), S.6— Public purpose, meaning of. Words and Phrases. Constitution of India , Art.31— Section 3(f), Land Acquisition Act describes what the expression "public purpose'' includes. No definition of the expression is given. The expression however has been interpreted to include a purpose, i.e., an object or aim, in which the general interest of the community, as opposed to the particular interest of individuals, is directly concerned. It is not necessary that the land should be made available to the public at large. All that is necessary is that it should serve the general interest of the community.(Para 7) The land sought to be acquired was admittedly contiguous to the school land. It was being used in a manner which was obviously detrimental to school interests. No control could be exercised on its use, if the ownership did not vest in the school. The sheds on the land were also unsightly and created a sort of an obstruction to the school from the road. Land also was needed for a play-ground. Held that the land was needed for the purposes of the school and as such fell within the ambit of the expression 'public purpose'.(Para 6 7) Anon : AIR Man : Land Acq., Act, S. 6, N. 5. AIR Com. : Con....