AIR 1980 SUPREME COURT 319 ::1980 (1) SCR 1071 ::ILR 1980 HP 4 (Sc)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): V. R. Krishna Iyer, R. S. Pathak , JJ

(A) Land Acquisition Act (1 of 1894) , S.4, S.6— Acquisition for public purpose - Selection of land - Discretion vests in Government subject to Arts. 14, 19, 31 of the Constitution - Court cannot interfere unless choice is made with oblique ends or is otherwise void. Constitution of India , Art.226— (Para 8) (B) Constitution of India , Art.226— Mala fide - Test to determine - Acquisition with ulterior motive to wreak private vengeance of politicians - Held mala fide. Land Acquisition Act (1 of 1894) , S.4, S.6— Bad faith which invalidates the exercise of power - sometimes called colourable exercise or fraud on power and oftentimes overlaps motives, passions and satifactions - is the attainment of ends beyond the sanctioned purposes of power by simulation or pretension of gaining a legitimate goal. If the use of the power is for the fulfilment of a legitimate object the actuation or catalysation by malice is not legicidal. The action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous consideration, good or bad, but irrelevant to the entrustment. When the custodian of power is influenced in its exercise by considerations outside those for promotio....