JNANEDAYA YOGAM AND ANR. versus K.K. PANKAJAKSHY AND ORS.

Citation: [1999] SUPP. 4 S.C.R. 216 · Decided: 28-10-1999 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
JNANEDA YA YOGAM AND ANR. 
v. 
K.K. PANKAJAKSHY AND ORS. 
OCTOBER 28, 1999 
[S.B. MAJMUDAR AND U.C. BANERJEE, JJ.] 
Land Laws: 
Land Acquisition Act, 1894: 
Sections 3(j), 4 and 40-Acquisition-For society-Held: Does not fall 
within the definition of 'public purpose '-Such acquisition will be governed 
by Part VII of the Act. 
Section 40(b) and 4 / (5)-Acquisition-For company-Conditions for-
D Construction work-Held: Should be perennially and directly useful to the 
public-Should not be of a sporadic or of a temporary nature-Such work has 
to be finished within the time schedule laid down by S.41(5)-Conditions on 
which the work has to be executed and maintained are also to be laid down--
Maintenance of such has to be on a permanent basis. 
E 
Section 40(/)(b)-Acquisition--For company-Consent-Grant of-Held: Before 
giving such consent appropriate Government should be satisfied that acquisition 
is needed for construction of some work by concerned company-And that 
such work is likely to prove useful to the public. 
Acquisition-8cope of-Held: Work concerned need not be restricted to 
F hospital, public reading room or library-8uch restriction will result in 
unduly. limiting the wide scope of S.40(/)(b). 
Approach road-For temple-Acquisition of land for-Validity of-
Held : Approach road to the temple is to be iaid on a permanent basis for 
G perennial use of the members of the public, being devotees-It is immaterial 
if it is utilised every year on a single occasion--Such acquisition will 
nevertheless be for construction of some work likely to prove directly useful 
to the public. 
Approach road-For temple-Acquisition of-Diversion of route-Not 
H 
216 
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J 
JNANEDA YA YOGAM v. K.K. PANKAJAKSHY 
217 
· suitable from astrologers' point of view-Acquisition based on such view- A 
Validity of-Held : It is merely a sentimental approach-Acquisition of such 
land under such circumstances is not valid-No valid acquisition under the 
Act can be based on astrologers' satisfaction only. 
Construction-Meaning of-Held : Construction does not necessarily 
mean construction over the land, which must rise above the surface of the B 
land in all contingencies-Hence, work of carving out a passage certainly 
amounts to construction. 
Words and Phrases: 
"Public purpose"-Meaning of-In the context of S.3(j} of the Land C 
Acquisition Act, 1894. 
"Construction"-Meaning of-In the context of S.40(/)(b) of the Land 
Acquisition Act, 1894. 
Kerala State Government issued a notification under Section 4(1) read D 
with Section 17(4) of the Land Acquisition Act, 1894 for acquisition ofa piece 
ofland, wherein stood a pucca built shop, belonging to the respondent, for a 
public purpose for providing passage for procession of devotees to a temple. 
Respondent filed a writ petition before the High Court challenging the E 
aforesaid notification. The High Court allowed the writ petition holding that 
the acquisition was not for a 'public purpose' under Section 40(l)(b) read with 
Section 3(f) but for a 'company' or for a society like the appellant's and, 
therefore, the acquisition was governed by Part VII of the Act and, 
consequently, Section 17(4) dispensing with Section 5-A enquiry could not 
get attracted. The High Court further held that for application of Section F 
40(l)(b) of the Act the work should be like hospital, public recreation room 
or library. Hence this appeal. 
On behalf of the appellant it was contended that the approach road to 
the temple could not be diverted in view of the advice of the astrologers that G 
only the old route was a sanctified route. 
Dismissing the appeal, the Court 
HELD : l. Admittedly, the impugned acquisition is for a society, which 
is managing the temple, in question. Therefore, acquisition for the purpose H 
218 
SUPREME COURT REPORTS [1999) SUPP. 4 S.C.R. 
A of the said society would not fall within the definition of 'public purpose' as 
per Section 3(f) of the Land Acquisition Act, 1894. Such an acquisition will 
be governed by Part VII of the Act, which deals with acquisition of land for 
companies. (222-B; 223-81 
2.1. A conjoint reading of Sections 40(1)(b) and 41(5), leaves no room 
B for doubt that the construction of such work of the company must be of such 
nature that it should be perennially and directly useful to the public and should 
not be of a sporadic or of a temporary nature. In other words, it should be 
permanently useful to the public for all times to come and the public

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