TMI Blog1990 (3) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... icular on the eve of Brahmotsavam . The temple is located on Tirumala Hills. There are four Mada Streets constituting four sides of a Square, called 'South Mada Street', 'East Mada Street', 'North Mada Street', and 'West Mada Street'. The temple proper abuts South Mada Street. Immediately to the rear of the temple and on its western side is, what is called Theertha Katta Street . The four Mada Streets and the buildings and structures abutting on both sides thereof constitute the centre piece of the Temple Town. On certain festival occasions the deity of Sree Venkateswara is taken in procession along the streets, when thousands and thousands of people congregate there to have a glimpse of the deity. The Mada Streets around the temple are narrow and get congested on such occasions, in 1974 there was an unfortunate accident in which three persons were crushed under the wheels of temple-chariot. 3. Till the year 1933 the Mahants of Hatiramji Mutt were administering the affairs and looking after the properties of Tirumala Tirupati Devasthanams. During their stewardship several people took properties on annual ground rent, and later claimed adverse title t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sted to construct a commercial centre in a platform type in the open space available in Seshadrinagar. These two proposals are suggested not only from the point of maintaining sacred environment around the temple complex but also with a view to take care of both the present and future commercial needs of the residents and pilgrims population in a rational way . paragraph 2 deals with matters like improvement of facilities viz., Canteens and Restaurants, Milk Booths, Kalyana Kattas, and Banking facilities. Paragraph 3 deals with other incidental matters, like water supply, Drainage and Sewerage, and Electricity, while paragraph 4 deals with Medical and Health facilities, Communications, Fire Services, Security arrangements, Religious Institutions, and Reception Centres. Paragraph 5 deals with Traffic and Transportation. This paragraph deals, inter alia, with widening of the Mada Streets and providing several other facilities. Paragraph 6 deals with housing accommodation, while paragraph 7 deals with Landscaping and Conservation. 6. Since the preparation of the said Master Plan, T.T.D. has been taking several steps towards implementation of the same. Copies of proceedings placed befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition or otherwise with a view to draw up detailed re-development plans for those areas. After acquiring these properties the area bounded by Mada Streets all around the temple complex should be cleared off of all structures and developed as a semi-open space for the use of the pilgrims. The dilapidated structures on either side of the Mada Streets should be dismantled and structures of suitable architectural value be built such as halls for religious discourses and for other ancillary use connected with the temple. As an immediate measure it was suggested that encroachments and unauthorised structures abutting temple properties should be removed. Priorities have to be worked out in implementing these programmes and preference should be given to the short range programme which require minimum financial outlays . It is also stated that on account of the lie of the land of Tirumala Hills, the sewerage water and other polluted water is flowing towards the temple; that the water in the 'Pusharini' (Bathing Tank) has become highly contaminated and has been posing a danger to the health of persons taking a dip therein, and that from all points of view it is necessary to develop t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s behind the acquisition, viz., implementation of the Master Plan, is not mentioned in the several notifications concerned herein. Moreover, implementation of Master Plan is a vague expression which does not enable the persons interested to submit their precise objections. It is only where the particular purpose for which a particular piece of land is being acquired, is specified in the notification that the person concerned can submit his objections properly and effectively. Indeed, in several cases where implementation of the Master Plan was stated to be one of the public purposes behind acquisition, the petitioners expressly asked the Land Acquisition Officer to supply them with a copy of the Master Plan so as to enable them to submit their objections properly; but, neither the copy of Master Plan as supplied to them, nor were they given an opportunity of submitting their objections thereto. In some notifications several purposes are lumped together. For example, in the notification concerned in W.A. No. 1363/89 (arising from W.P, No. 8759/88), three purposes are mentioned, viz., (i) construction of Kalyana Mantapam, (ii) Choultry, and (iii) implementation of Master Plan. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... individual properties of a large number of owners, it is not practicable to mention the public purpose with respect to each piece of land separately, or specifically. It is submitted that according to the title deeds recognised by the British India Government, the entire Tirumala Hills is the property of T.T.D. No piece of land was owned by private persons there. But, in course of management by H. R. Mutt, several private owners got into possession of various pieces of land, upon which they made some constructions and are now claiming title by adverse possession. With a view to obviate prolonged litigation the T.T.D. decided not to challenge their claim in a Civil Court, but to initiate proceedings for acquisition. Even by G.O.Ms. No. 1784, dated 4-11-1965, T.T.D. has been permitted to acquire the lands owned by private persons for maintaining the sanctity of the temple, and for purposes incidental thereto. The ever increasing pilgrim-traffic to Tirumala calls for a planned and integrated development of the entire Tirumala area, and in particular the area surrounding the temple, i.e., the areas on both sides of four Mada Streets. The purpose is neither illegal, nor can it be terme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a position to submit their objections to the acquisition in a proper and effective manner. It is not enough, they say to mention a general purpose, viz., implementation of Master Plan, or construction of Kalyana Mantapam, or Choultries. Such a general description of the public purpose does not enable the affected owners -- say the petitioners -- to submit their objections properly. In such a case it must be said, they say, that no proper opportunity has been afforded to the individual owners to submit their objections which vitiates the entire acquisition. We are unable to agree. The purpose stated in the impugned notifications viz., implementation of Master Plan, or construction of Kalyana Mantapam, or Choultries, as the case may be, is undoubtedly a public purpose. It is not denied by the petitioners that a large volume of pilgrim-traffic visits Tirumala Town every day, and visits the temple. It is not also disputed that on certain days the traffic runs into tens of thousands. All this pilgrim-traffic has to be housed, fed, and provided reasonable opportunity of visiting the temple and performing their ceremonies and rites. The counter-affidavit states specifically that the wat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s held by the Supreme Court that acquisition of land for planned development of Delhi even before the enactment of the Delhi Development Act, is not impermissible. The following observations bring out the principle : The planned development of Delhi had been decided upon by the Government before 1959, viz., even before the Delhi Development Act came into force. It is true that there could be no planned development of Delhi except in accordance with the provisions of Delhi Development Act after that Act came into force, but there was no inhibition in acquiring land for planned development of Delhi, under the Act before the Master Plan was ready (see the decision in Patna Improvement Trust v. Smt. Lakshmi Devi, AIR1963SC1077 ). In other words, the fact that actual development is permissible in an area other than a development area with the approval or sanction of the local authority did not preclude the Central Government from acquiring the land for planned development under the Act. Section 12 is concerned only with the planned development. It has nothing to do with acquisition of property; acquisition generally precedes development; For planned development in an area other than a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... da Street are sought to be acquired. There are as many as 22 notifications. It would be convenient to consider these notifications in two separate categories. In the first category are 12 notifications, concerned in Writ Appeals Nos. 1355, 1847, 1373, 1364, 1374,1349, 1369, 1356, 1351, 1614 and 1363 of 1989, as well as the plot concerned in W. P. No. 8551/88. In the second category are the plots concerned in Writ Appeals Nos. 1360, 1352, 1367, 1371, 1362 and 1357 of 1989, as well as the plots concerned in W.P. Nos. 10130, 10150, 16335 and 9622 of 1988. All the plots concerned in the second category are in the area, called. Pullareddi Thota . Coming to the first category of notifications, in eight notifications (concerned in Writ Appeals Nos. 1847, 1373, 1364, 1374, 1349, 1356 and 1351 of 1989, and W.P. No. 8551/88), the purpose mentioned is widening the road and construction of Kalyana Mantapam . In some of the notifications an additional purpose is mentioned, viz., cottages for pilgrims . In the remaining four notifications, the purpose mentioned is construction of Choultries and Kalyana Mantapam . and in two of the notifications another purpose is added, viz., Amenities to pilgri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the notifications relating to the lands abutting East Mada Street the purpose mentioned is Construction of Fourth Choultry , or Construction of Choultry and to implement Master Plan , as the case may be. It is pointed out by the counsel for the appellants (petitioners) that some Guest-Houses have already been constructed in Ram Bagicha Garden , and further that the Fourth Choultry also has already been constructed, and inaugurated in January 1987. So far as the construction of Guest-Houses is concerned, their construction does not preclude the T.T.D. from constructing a big Choultry to meet the ever increasing pilgrim-traffic. With respect to the averment that Fourth Choultry has already been constructed and inaugurated, no material was placed either before the Land Acquisition Officer in the enquiry under Section 5-A, or in Writ Appeals Nos. 1384 and 1385 of 1989 (wherein this objection is raised) to show that Fourth Choultry was indeed constructed and inaugurated, as averred by the appellants (petitioners). In the absence of any material in support of the said averment, the report of the Land Acquisition Officer cannot be faulted on the ground that it fails to deal with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain to plots abutting Theertha Katta Street . In all these notifications, the purpose mentioned is widening the road , and in two of the notifications a further purpose, viz., construction of Kalyana Mantapam , is added. The reasons assigned by us hereinabove for holding that the purpose is a public purpose and that it is specific enough to enable the persons interested to submit their objections, apply equally in respect of these notifications. 19. It is true that the effect of the impugned notifications is to eliminate all the private owners on both sides of four Mada Streets. All the plots of land, including buildings thereon owned by persons other than T.T.D., are being acquired for the purpose of T.T.D. But, can it be said that this purpose is impermissible in law, or that it indicates a mala fide or oblique design on the part of T.T.D.? The real purpose behind acquisition is not elimination of private owners. The true purpose behind acquisition is to obtain possession of all the lands on both sides of four Mada Streets, to enable T.T.D. to widen the roads and to carry out various works in connection with an integrated, planned, and proper development of the area. What is h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t oral evidence will be led by the objectors only after those documents are produced. It is also brought to our notice that on receiving such application the Land Acquisition Officer addressed the T.T.D. authorities for supplying him with a copy of the Master Plan, but that the authorities told him that the Master Plan is already available with him. It is also pointed out that the Land Acquisition Officer neither sent any communication to the objectors in the said matter, nor did he supply a copy of the Master Plan. It is submitted that this amounts to denial of opportunity to the objectors to establish their case. On account of non-supply of documents asked for by, them, including the Master Plan, the objectors could not adduce oral evidence which they wanted to adduce, it is contended. On a consideration of the relevant material, we are of the opinion that though there has been a certain defect in the procedure in conducting the enquiry under Section 5-A, it does not warrant interference by this Court. The reasons are the following in the notification concerned in this Writ Appeal, three purposes were mentioned, viz., (i) construction of Kalyan Mantapam, (ii) construction of Chou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is stated to be open spaces, construction of commercial complex and to prevent pollution . Further, in the additional counter of T.T.D. yet another purpose, totally different, is mentioned. In view of this contention we have sent for and looked into the original record produced before us by the learned Government Pleader. The purpose mentioned in the notification under S. 4 is for widening West Theertha Katta Street and for construction of Kalyana Mantapams for public purpose and for convenience of the visiting pilgrims . In the declaration published under S. 6(1) of the Act, the purposes mentioned are identical. Evidently, the statements in the counter-affidavits are the result of some confusion. 23. It is then contended by the learned counsel for the appellant in this Writ Appeal that though specific objections were raised, including the objection that Fourth Choultry was already constructed, they have not been specifically dealt with in the report made under S. 5A. The record shows that two persons, namely, A. Krishnaiah, and M. Gopalaiah, filed objections. Notice of enquiry was given to both the persons. M. Gopalaiah's son appeared and gave a statement merely stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very religious denomination or any section thereof shall have the right- (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law . The object underlying Art. 26 has been explained in several decisions. It is enough to refer to the decision in Narendra Prasadji v. State of Gujarat, [1975]2SCR317 . The following observations in the said judgment are relevant :-- ......Article 26 guarantees, inter alia, the right to own and acquire movable and immovable property for managing religious affairs. This right, however, cannot take away the right of the State to compulsorily acquire property in accordance with the provisions of Art. 31(2). If, on the other hand, acquisition of property of a religious denomination by the State can be proved to be such as to destroy or completely negative its right to own and acquire movable and immovable property for even the survival of a religious institution the question may have to be examined in a different light..... When, however, property is acquired by the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... too are serving a public purpose and hence their properties cannot be acquired for serving another public purposes. No decision has been brought to our notice supporting the proposition that merely because a particular property is being used for serving a public purpose, it cannot be acquired compulsorily by the State for serving a public purpose. On the contrary, the Supreme Court has ruled in Abdul Hussain v. State of Gujarat, [1968]1SCR597 , following its earlier decision in Somawanti v. State of Punjab, [1963]2SCR774 , that land used for one purpose can be acquired for serving another public purpose. 30. Learned counsel for the respondents brought to our notice the decision of the Supreme Court in Gulam Mustafa v. State of Maharashtra, [1976]1SCR875 , where it was held that once the acquisition is valid and then vests in the Municipality, the owner (whose property was acquired for the said purpose) can no longer object that the land acquired is in excess of the need, or that it is being used for a different public purpose. It was held that just because a larger area than the area that was actually required, was acquired, it is no proof of mala fides behind the acquisition, nor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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