BAJIRAO T. KOTE (DEAD) BY LRS. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

BAJIRAO T. KOTE (DEAD) BY LRS. AND ANR. versus STATE OF MAHARASHTRA AND ORS.

Specification in the Section 4(1) notification for 'public trust Saibaba Sansthan Shirdi' is not vague; providing access to temples constitutes a public purpose; exercise of acquisition power is neither mala fide nor colourable; primarily for State Government to decide existence of public purpose, unless mala fides or colourable exercise shown; no infirmity or illegality found.

Parties
Appellants: Bajirao T. Kote (Dead) by LRS. and Anr.; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
08 December 1994
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
appeal dismissed
Legal Topics
Land Acquisition, Public Purpose, Judicial Review, Mala Fide Exercise of Power
Property Law Constitutional Law Administrative Law Land Acquisition Public Purpose Judicial Review Mala Fide Exercise of Power

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Parties

Bajirao T. Kote (Dead) by LRS. and Anr.

Appellants

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether specification of public purpose in the Section 4(1) notification was vague
  2. 2 Whether acquisition was for a public purpose
  3. 3 Whether exercise of power was mala fide or colourable

Ratio Decidendi

Specification in the Section 4(1) notification for 'public trust Saibaba Sansthan Shirdi' is not vague; providing access to temples constitutes a public purpose; exercise of acquisition power is neither mala fide nor colourable; primarily for State Government to decide existence of public purpose, unless mala fides or colourable exercise shown; no infirmity or illegality found.

Court Disposition

appeal dismissed

Orders

  • Notification under Section 4(1) upheld; acquisition for public purpose valid; no costs awarded.