TMI Blog1979 (10) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ss, lays bare the basics of Power pathology and judicial philosophy in the unhappy setting of personal vendetta fuelling the politics of compulsory land acquisition. Prof. Miller's assertion that the Supreme Court acting as the 'national conscience' of the.. people does mandate standards towards which public and private behaviour must gravitate' is as true in our jurisdiction as in his country. The factual matrix, enough to unfold why the High Court twice condemned the State's action in a case of land acquisition as mala fide and why we endorse so that view, must be stated. The order under appeal is brief but there is more than meets the credulous eye beneath the verbal surface available in the affidavits. The vice of misuse of power centred round one Sri Satnam Singh Bajwa, 22nd Respondent, a former minister, a quondom M.L.A., and a continuous politician. The 'writ-petitioners' (respondents 1 to 21 before us) seek to crucify him as the malefic presence prodding the impugned acquisition. Since he did not enter appearance, despite service of notice, we felt that a fresh opportunity or reminder should be afforded to him to deny, if he so desired, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the High Court on the ground of perversion of State power to satisfy the malefic appetite of a particular person, not the legitimate statutory purpose. Struck down again by the High Court, the State was chagrinned and, perhaps, encouraged by the fact that the High Court dropped contempt proceedings, the jurisdiction under Art. 136 has been invoked by the Government of Punjab. I have had the benefit of reading my learned brother's concise judgment. The reasons given there have my broad agreement. Four issues may be formulated to focus specific attention. 1. What is mala fides in the province of exercise of power ? 2. Is the acquisition proceeding in the instant case bad for bad faith ? 3. Where, in the setting of Sec. 17 of the Act, do we draw the legal line between legitimate emergency power and illegitimate 'emergency excess' ? 4. On the facts, here, do we bastardize or legitimize the State action under challenge ? First, what are the facts ? A grain market was the public purpose for which Government wanted land to be acquired. Perfectly valid. Which land was to be taken ? This power to select is left to the responsible dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the particular land is needed for the public purpose in view, is shown to be not the goal pursued but the private satisfaction of wreaking vengeance, if the moving consideration in the selection of the land is an extraneous one, the law is derailed and the exercise is bad. No that this land is needed for the mandi, in the judgment of Government, but that the mandi need is hijacked to reach the private destination of depriving an enemy of his land through back- seat driving of the statutory engine ! To reach this conclusion, there is a big 'if' to be proved-if the real object is the illegitimate one of taking away the lands of the respondents 1 to 21 to vent the hostility of Respondent 22, under the mark of acquistion for the mandi. This is a question of fact and the High Court, twice over, within a period of seven years, held so, although the second time no specific finding of mala fides was made. I do not quite see how else the acquisition can fail and infer, not res judicata nor contempt of court but repetition of mala fide acquisition as the real ground behind the High Court's holding. This court does not upset a factual finding unless it is upset by perverse a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sition. The site where the foundation stone had been laid belonged to Satnam's cousin and this was the best of the four alternatives selected by the Site Selection Board, the least suitable, in their opinion, being of the respondents 1 to 21. But should an M.L.A. oblige his cousin and crush his rival, according to poll dharma? We cannot answer but here Satnam's 'influence' postponed acquisition proceedings, notwithstanding the ceremonial stone. In 1967, again, elections came and Satnam won on the Congress ticket. But when the Akali Party formed the Government Satnam decided to serve the people as Minister and for that purpose transferred his politics from Congress to Akali. This ensured the safety of the cousin's land from the mandi peril. The Akali Government fell in 1969 but he fought as Akali, won the seat and became 'Forest Minister'. The respondents, all the time, resisted him in vain. When 'President's Rule' came, statutory notifications were issued for acquisition of the first site. The mandi project remained frozen till then and showed signs of life during the short-lived President's Rule, only to be given up in 1970 when Satnam b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denly exciting itself into immediate forcible taking, makes a travesty of emergency power. No constituency in our poor country can afford Kilkenny cat politics and personality cult. I dismiss the State's petition. PATHAK, J. I agree that the petition should be dismissed. The original acquisition proceeding in respect of the land belonging to Respondents Nos. 1 to 21 was quashed by the High Court under Article 226 of the Constitution on the finding that the action was vitiated by mala fides. A fresh attempt at acquiring the land was assailed by the said respondents and has been struck down by the High Court. The petitioners now pray for special leave to appeal. On a conspectus of the material on the record it does seem that the impugned acquisition proceeding cannot be sustained. There is reason to believe that the statutory power to acquire land has been misused to satisfy the personal ends of the respondent No. 22, an individual who appears to be not without considerable political influence. Despite an opportunity afforded to controvert the allegations made by the respondents Nos. 1 to 21, no attempt has been made by him to contradict the allegations. A counter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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