SUBHASHGIR KHUSHALGIR GOSAVI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Leave granted. Heard both the parties.

(2.) This appeal by special leave arises from the order made on November 7, 1994 in W. P. No. 4190 of 1994 by the Division Bench of the Bombay High Court dismissing the writ petition in limine. It related to the challenge to the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the 'Act') acquiring the land in question for extension of S. T. Bus stand and depot in Pandharpur in Maharashtra State. It is no doubt true that Pandharpur is one of the ancient and renowned temple town of Lord Vithoba to which all the devotees from several parts of the States, in particular of Karnataka, Andhra Pradesh and Maharashtra congregate particularly in Ashadhamas. It is the case of the appellant that due to traffic congestion it would not be feasible to extend the existing S. T. Bus stand and the depot in the congested area which gets reflected from the orders passed by the Municipality, the recommendation made by the District Collector and also the resolutions passed by the Municipality in that behalf. It is also the case of the appellant that under Section 54 of the Maharashtra Regional Town Planning Act, 1966 unless the user is changed by proper notification, the land which is received for residential purpose cannot be used for commercial purpose. Therefore, the aquisition in question is bad in law.

(3.) The only question is:Whether the impugned notification is bad in law Extension of the bus stand obviously is a public purpose and, therefore, it per se cannot be said to be bad in law. It is true as pointed out by the Collector and the representation dated August 8, 1986 made in that behalf by some people that there is congestion and acquisition is not in public interest. But it is for the Government to take a decision and it is not for the Court to decide as to which place is more convenient. Since the Government have taken a decision that acquiring the land for extension of the bus stand and bus depot is in the public interest, it cannot be said that the exercise of the power is arbitrary.