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2004 (12) TMI 713 - SUPREME COURTExemption of land units from acquisition - Challenged the discrimination and arbitrariness in Acquisition Proceedings - violation of the Fundamental Rights under Article 14 of the Constitution of India - Validity of Exemption Granted to Certain Units - change of user of land from agriculture to industrial purpose - HELD THAT:- It is trite law that not only land but also structure on land can be acquired under the Act. As to whether in a given set of circumstances certain land should be exempted from acquisition only for the reason that some construction had been carried out, is a matter of policy, and not of law. If after considering all the circumstances, the State Government has taken the view that exemption of the lands of the appellants would render askew the development scheme of the industrial estate, it is not possible for the High Court or this Court to interfere with the satisfaction of the concerned authorities. We see no ground on which the appellants could have maintained that their lands should be exempted from acquisition. Even if three of the parties had been wrongly exempted from acquisition, that gives no right to the appellants to seek similar relief. It is rightly pointed out by the High Court that, merely because a representation was made by the Director, Town and Country Planning, that upon gift of certain land to the Gram Panchayat for widening of the passage, permission for change of user of land would be granted, such a promise is not one capable of being enforced against the State Government. The High Court has rightly pointed out that, if the appellants are so desirous, they may seek invalidation of the gifts in favour of the Gram Panchayat on the ground of failure of the Director, Town and Country Planning to fulfil his commitment. That, however, does not render the acquisition proceedings illegal. No other ground has been made out. In our view, therefore, no fault can be found with the judgment rendered by the Division Bench. We find no merit in the appeals, which are hereby dismissed.
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