STATE OF HARYANA & Ors. v. M/S. VINOD OIL& GENERAL MILLS & Anr.
Case at a glance
Outcome
Set aside
order of the High Court is set aside and it is held that the
Provisions considered
Judgment
HELD:
The action of the State in first approving G setting up of a factory and then acquiring the same cannot be held as unreasonable. Permission for change of land use and developing the area as an industry, has no relevance while considering the validity of ac~uisition. The fact that the factory and building was H 524 STATE OF HARYANA v. M/S. VINOD OIL & GENERAL MILLS 525 put up in the lands with the approval of the authority A cannot be a bar for acquisition of the land. Public interest overrides individual's interests. The only effect of permission for such change in land use and approval for construction and developing the area as an industry can be recognized as valid only to the extent as to B confer right upon the land owners to recover the appropriate compensation. [Paras 7, 8][530-D; F-H; 531-A-B]
Public purpose includes a purpose involving c general interest of community as opposed to the interest of an individual directly or indirectly involved. Individual interest must give way to public interest as far as public purpose in respect of acquisition of land is concerned. Prima facie, State is the first Judge to determine whether D there exists public purpose or not. But the decision of the State is not beyond judicial scrutiny. The requirement of land for residential and commercial purposes and for development of the Sector involves in it an element of general interest of the community and hence, must be E regarded as a 'public purpose' as opposed to the particular interest of individuals. [Paras 9, 11 and 12] [531-D-E; 533-E; 534-C-D]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: order of the High Court is set aside and it is held that the
Which statutory provisions did this judgment involve?
Land Acquisition Act, 1894 — s. 4; Constitution of India; Land Acquisition Act.
Which court decided this case, and when?
Supreme Court of India, on 15 Mar 2004. The bench was T S THAKUR, R BANUMATHI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.