SC – Public purpose is not a slogan – It is statutory and constitutional requirement for acquisition.
Judgment dated 26.10.2026 of the Supreme Court in Civil Appeal Nos.13744-13747 of 2015 of N. Arasappa Vs. State of Karnataka and others with connected civil appeals.
Condemnation of privately owned land for public purpose can only be with authority of law and C.A. Nos.13744-13747 of 2015 etc. Page 1 of 71 with just compensation being paid.
On behalf of the appellants, it was pointed out that housing schemes sponsored by a Cooperative Society were treated as ‘public purpose’ only by Land Acquisition (Amendment) Act, 19841 (w.e.f. 24.09.1984) by introduction of clause (f) with sub 1Hereinafter referred to as ‘the LA Act’ clause (vi) under Section 3. However, to enable a valid requisition, there should be a housing scheme; the layout and the blueprint drawn up, which has to be approved by the appropriate Government. In fact, even before the Amendment Act came into force, the respondent Society entered into an agreement with a third party, one Bhagya Enterprises who in turn undertook to acquire land for implementing a housing scheme, which in itself is an indication of the colourable exercise of power by the authorities under the Government. The learned Single Judge found that there was no approval of the housing scheme and the acquisition was approved only on the basis of the area-wise extent. Even with respect to the extent, there was gross discrepancy, in the extent cleared by the State Level Committee, that approved and later notified for acquisition.
