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2018 (3) TMI 1964 - SC - Indian LawsInvocation of Sections 4 & 6 for the alleged public purpose - divestment of valuable and fertile land at throwaway prices under the threat of acquisition to the private persons - prayer for enquiry/investigation through an independent agency in respect of the entire fraud played by the respondents and their officials - HELD THAT:- In the light of the principles emerging from the decisions rendered by this Court, the decisions taken to confer advantages and benefits upon the builders/private entities rather than to carry out or effectuate public purpose. The record indicates that various entities including certain “middlemen” cornered unnatural gains and walked away with huge profits taking the entire process of acquisition for a ride. Substantial sums have exchanged hands in the form of settlement money. All the steps and stages show that the builders/private entities were well aware that the acquisition would not go through but the landholders were confronted with the smoke screen of acquisition and were cornered and persuaded in entering into transactions with the builders/private entities. The transactions so entered into between the landholders and the concerned builders/private entities could not be said to be voluntary and free from any influence. The unnatural and unreasonable bargain was forced upon the landholders by creating façade of impending acquisition. The inescapable conclusion, therefore, is that there was an unholy nexus between the governmental machinery and the builders/private entities in devising a modality to deprive the innocent and gullible landholders of their holdings and jeopardize public interest which the acquisition was intended to achieve - the initiation of class action and filing of Writ Petition in the present matter was perfectly justified and all the submissions made by the learned Counsel appearing for various builders/private entities are dismissed - The appeals stand allowed.
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