{"id":36366,"date":"1999-10-28T00:00:00","date_gmt":"1999-10-27T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jnanedaya-yogam-and-anr-vs-k-k-pankajakshy-and-ors-on-28-october-1999"},"modified":"2015-10-16T18:28:20","modified_gmt":"2015-10-16T12:58:20","slug":"jnanedaya-yogam-and-anr-vs-k-k-pankajakshy-and-ors-on-28-october-1999","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jnanedaya-yogam-and-anr-vs-k-k-pankajakshy-and-ors-on-28-october-1999","title":{"rendered":"Jnanedaya Yogam And Anr vs K.K. Pankajakshy And Ors on 28 October, 1999"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Jnanedaya Yogam And Anr vs K.K. Pankajakshy And Ors on 28 October, 1999<\/div>\n<div class=\"doc_bench\">Bench: S.B. Majmudar, U.C. Banerjee<\/div>\n<pre>           CASE NO.:\nAppeal (civil)  6126-27 of 1999\n\nPETITIONER:\nJNANEDAYA YOGAM AND ANR.\n\nRESPONDENT:\nK.K. PANKAJAKSHY AND ORS.\n\nDATE OF JUDGMENT: 28\/10\/1999\n\nBENCH:\nS.B. MAJMUDAR &amp;  U.C. BANERJEE\n\nJUDGMENT:\n<\/pre>\n<p>JUDGMENT<\/p>\n<p>1999 Supp(4) SCR 216<\/p>\n<p>The Judgment of the Court was delivered by<\/p>\n<p>S.B. MAJMUDAR, J. Leave granted.\n<\/p>\n<p>By consent of learned counsel for the parties, we have heard these appeals<br \/>\nfinally and the same are being disposed of by this common judgment.\n<\/p>\n<p>A writ petition was filed in the Kerala High Court by common Respondent no,<br \/>\n1 herein. She challenged the notification issued by the State of Kerala<br \/>\nunder Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to<br \/>\nas `the Act&#8217;). The said notification dated 22nd March, 1988 issued under<br \/>\nSection 4 of the Act provided that land admeasuring 0.028 cents situated in<br \/>\nKodiyeri village in Tellicherry Taluk of Cannanore District was needed or<br \/>\nlikely to be needed for a public purpose for providing passage to<br \/>\nPallivetta procession of Sree Jagannath Temple, Tellicherry. The said<br \/>\nnotification was issued under Sub-section (1) of Section 4 read with<br \/>\nSection 17(4) of the Act. It is this notification which was successfully<br \/>\nchallenged by Respondent no.l before the High Court in her writ petition<br \/>\nwherein the present appellants were joined as Respondent nos. 4 and 5 while<br \/>\nthe State Authorities were joined as Respondent nos. I, 2, 3 and 6. The<br \/>\ncase of Respondent no.l before the High Court in the writ petition was to<br \/>\nthe effect that she is the owner and is in possession of the land in<br \/>\ndispute being R.S.No. 38\/1. That she had purchased the property by a<br \/>\nregistered assignment deed No. 1899 of 1978. At a distance of about 1km<br \/>\nfrom Respondent no. 1&#8217;s property is situated Sree Jagannath Temple, which<br \/>\nwas established by Shri Narayana Guru in 1906. The said temple was managed<br \/>\nby the present Appellant no.l- Original Respondent no. 4, while present<br \/>\ncommon Appellant no. 2- Original Respondent no. 5 is the President of the<br \/>\nsaid Sree Jnanedaya Yogam. As part of the festival in the Jagannath Temple,<br \/>\na Pallivetta (Royal Hunt) is performed on the penultimate day of the<br \/>\nfestival every year. The said festival is being held in the month<br \/>\nof March every year. It is performed at a place situated to the south of<br \/>\nfirst respondent-writ petitioner&#8217;s property. On that occasion, the deity is<br \/>\ntaken out on an elephant in procession to the place where the Pallivetta is<br \/>\nperformed. This religious function lasts for an hour. In the said function,<br \/>\nthe deity is taken down from the back of the elephant and placed at the<br \/>\nappointed site and the devotees and the priests perform religious ceremony<br \/>\nfor propitiating the deity and a pumpkin is being cut at the said place to<br \/>\nward off evil spirits and for earning religious merit. According to<br \/>\nRespondent no, I- writ petitioner, there is no fixed route through which<br \/>\nthe elephant carrying the idol and the procession of devotees, passes every<br \/>\nyear on the aforesaid occasion. At the instance of the present appellants,<br \/>\na part of Respondent no. 1&#8217;s land, wherein stands a pucca built shop, was<br \/>\nsought to be acquired under the aforesaid impugned notification for having<br \/>\na passage for the elephant carrying the idol on the occasion of the<br \/>\naforesaid religious function and the said requirement for the passage of<br \/>\nthe elephant was for one hour every year in the month of March.\n<\/p>\n<p>The said notification was challenged on diverse grounds before the learned<br \/>\nSingle Judge of the Kerala High Court. The learned Single Judge, after<br \/>\nhearing the parties, allowed the original petition and held that when<br \/>\nacquisition was not for `public purpose&#8217;, but for a `company&#8217; or for a<br \/>\nsociety like Appellant no.l, the acquisition was governed by Part VII of<br \/>\nthe Act and consequently, Section 17(4) dispensing with Section 5-A enquiry<br \/>\ncould not get attracted.\n<\/p>\n<p>Being aggrieved by the decision of the learned Single Judge, present<br \/>\nAppellant no.1 &#8211; Original Respondent no, 4, filed Writ Appeal No. 377\/1990<br \/>\nbefore the Division Bench of the High Court, while original Respondent nos,<br \/>\n.1, 2, 3 and 6 filed Writ Appeal No. 400 of 1990 challenging the very same<br \/>\njudgment of the learned Single Judge. Both these appeals were heard<br \/>\ntogether by the Division Bench of the High Court and by a common Order<br \/>\ndated 27.1.1995, the Division Bench of the High Court dismissed both the<br \/>\nappeals. That is how original Respondent nos. 4 and S in the writ petition<br \/>\nhave filed these appeals on leave granted by us.\n<\/p>\n<p>Learned senior counsel for the appellants vehemently contended that the<br \/>\nDivision Bench of the High Court was in error when it took the view that<br \/>\nthe impugned acquisition proceedings were not governed by Section 40 (1)(b)<br \/>\nof the Act. It was submitted, placing reliance on the two decisions of this<br \/>\nCourt, in the case of <a href=\"\/doc\/1521043\/\">R.L. Arora v. The State of Uttar Pradesh and Others,<\/a><br \/>\n[AIR (1962) SC 764 and in the case of State of West Bengal and Others etc.<br \/>\nv. PN. Talukdar and other etc., AIR (1965) SC 646, that even if acquisition<br \/>\nwas for a society, represented by the Appellants-Original Respondent nos. 4<br \/>\nand 5, who were acting on behalf of the temple for providing a route for<br \/>\nthe procession of the deity for approaching the place where the religious<br \/>\nceremony was to be performed, it could squarely attract Section 40 (1) (b)<br \/>\nof the Act and as the appellants had complied with the provisions of<br \/>\nSection 41 of the Act in this connection, the impugned acquisition ought to<br \/>\nhave been upheld by the High Court. That the Division Bench had erred in<br \/>\ntaking the view that Sections 40 and 41 can apply if acquisition is for the<br \/>\npurpose of construction of works like hospital, public reading room,<br \/>\nlibrary or any educational institution open to public or such other work as<br \/>\nthe public may directly use and, therefore, providing an approach road for<br \/>\ngoing to the place of religious festival would not amount to construction<br \/>\nof any work directly useful to the public.\n<\/p>\n<p>Learned counsel for Respondent no. 1, who is the main contesting party, on<br \/>\nthe other hand, submitted that the learned Single Judge and the<\/p>\n<p>Division Bench have rightly set aside the acquisition proceedings by<br \/>\nholding that providing for a passage for the religious procession could not<br \/>\nbe covered by Section 40(1) of the Act.\n<\/p>\n<p>In the light of the aforesaid rival contentions, it is necessary to have a<br \/>\nlook at the relevant provisions of the Act. It is not in dispute between<br \/>\nthe parties that the impugned acquisition is for a society which is<br \/>\nmanaging the temple in question. Therefore, acquisition for the purpose of<br \/>\nthe said society would not fall within the definition of `public purpose&#8217;<br \/>\nas per Section 3 (f) of the Act, The said definition as amended by Act 68<br \/>\nof 1984, reads as follows:-\n<\/p>\n<p>&#8220;(f) the expression &#8220;public purpose&#8221; includes-\n<\/p>\n<p>(i) the provision of village sites, or the extension, planned development<br \/>\nor improvement of existing village sites;\n<\/p>\n<p>(ii)   the provision of land for town or rural planning;\n<\/p>\n<p>(iii) the provision of land for planned development of land from public<br \/>\nfunds in pursuance of any scheme or policy of Government and subsequent<br \/>\ndisposal thereof in whole or in part by lease, assignment or outright sale<br \/>\nwith the object of securing further development as planned;\n<\/p>\n<p>(iv) the provision of land for a corporation owned or controlled by the<br \/>\nState;\n<\/p>\n<p>(v) the provision of land for residential purposes to the poor or landless<br \/>\nor to persons residing in areas affected by natural calamities or to<br \/>\npersons displaced or affected by reason of the implementation of any scheme<br \/>\nunder taken by Government, any local authority or a corporation owned or<br \/>\ncontrolled by the State;\n<\/p>\n<p>(vi) the provision of land for carrying out any educational, housing;<br \/>\nhealth or slum clearance scheme sponsored by Government or by any authority<br \/>\nestablished by Government for carrying out any such scheme, or with the<br \/>\nprior approval of the appropriate Government, by a local authority, or a<br \/>\nsociety registered under the Societies Registration Act, 1860 (21 of 1860),<br \/>\nor under any corresponding law for the time being in force in a State, or<br \/>\ncooperative society within the meaning of any law relating to cooperative<br \/>\nsocieties for the time being in force in any State;\n<\/p>\n<p>(vii) the provision of land for any other scheme of development sponsored<br \/>\nby Government, or, with the prior approval of the appropriate Government,<br \/>\nby a local authority;\n<\/p>\n<p>(viii) the provision of any premises or building for locating a public<br \/>\noffice, but does not include acquisition of land for companies;\n<\/p>\n<p>Such acquisition, therefore, will be governed admittedly by Part VII of the<br \/>\nAct which deals with acquisition of lands for companies. Section 3 (e) of<br \/>\nthe Act defines the expression &#8220;Company&#8221; to mean, amongst others, a society<br \/>\nregistered under the Societies Registration Act, 1860, or under any<br \/>\ncorresponding law for the time being in force in a State, other than a<br \/>\nsociety referred to in clause (cc). Appellant society is registered under<br \/>\nthe Societies Registration Act, 1860. We have, therefore, to turn to the<br \/>\nprocedure regarding acquisition of lands for a company. They are found in<br \/>\nPart VII of the Act.\n<\/p>\n<p>Section 39 of Part VII reads as follows:-\n<\/p>\n<p>&#8220;Previous consent of appropriate Government and execution of agreement<br \/>\nnecessary.-The provisions of [sections 6 to 36 (both inclusive) and<br \/>\nsections 18 to 37 (both inclusive)] shall not be put in force in order to<br \/>\nacquire land for any Company, [under this Part] unless with the previous<br \/>\nconsent of the appropriate Government nor unless the Company shall have<br \/>\nexecuted the agreement hereinafter mentioned,&#8221;\n<\/p>\n<p>It must, therefore, be held that the High Court has rightly considered the<br \/>\napplicability of Part VII to the present acquisition proceedings. Once that<br \/>\nconclusion is reached, Section 40 of Part VII of the Act would directly get<br \/>\nattracted. The said section reads as follows:-\n<\/p>\n<p>&#8220;40. Previous enquiry;- (1) Such consent shall not be given unless the<br \/>\n[appropriate government] be satisfied, [either on the report of the<br \/>\nCollector under section 5A, sub-section (2), or] by an enquiry held as<br \/>\nhereinafter provided,<\/p>\n<p>(a) that the purpose of the acquisition is to obtain land for the erection<br \/>\nof dwelling houses for workmen employed by the Company or for the provision<br \/>\nof amenities directly connected therewith, or<\/p>\n<p>(aa) that such acquisition is needed for the   construction of some<br \/>\nbuilding or work for a company which is engaged or is taking steps for<br \/>\nengaging itself in any industry or work which is for a public purpose; or<\/p>\n<p>(b)   that such acquisition is needed for the construction of some work and<br \/>\nthat such work is likely to prove useful to the public,<\/p>\n<p>(2)    Such enquiry shall be held by such officer and at such time and<br \/>\nplace as the [appropriate Government] shall appoint.\n<\/p>\n<p>(3)    Such officer may summon and enforce the attendance of witnesses and<br \/>\ncompel the production of documents by the same means and, as far as<br \/>\npossible, in the same manner as is provided by the [Code of Civil<br \/>\nProcedure, 1908] in the case of a Civil Court.&#8221;\n<\/p>\n<p>It, therefore, become obvious that before the appropriate Government i.e.,<br \/>\nthe State of Kerala could have given consent for acquisition of land for<br \/>\nAppellant no.l, it had to be satisfied that such acquisition was needed for<br \/>\nconstruction of some work by Appellant no. 1 and that such work was likely<br \/>\nto prove useful to the public. Now, it becomes clear as laid down by<br \/>\nSection 40 (1) (b) of the Act that if acquisition is to be made for a<br \/>\n`company&#8217; like Appellant no, 1 it has to be shown that the purpose of<br \/>\nacquisition is:-\n<\/p>\n<p>(1)  for construction of some work by Appellant no.l; and<\/p>\n<p>(2)  that such work is likely to prove useful to the public.\n<\/p>\n<p>In this connection, Section 41 (5) becomes relevant. It reads as follows:-\n<\/p>\n<p>&#8220;where the acquisition is for the construction of any other work, the time<br \/>\nwithin which and the conditions on which the work shall be executed and<br \/>\nmaintained, and the terms on which the public shall be entitled to use the<br \/>\nwork.&#8221;\n<\/p>\n<p>When the acquisition is for the company for construction of some work as<br \/>\nlaid down by Section 40 (l)(b), the company concerned has to enter into an<br \/>\nagreement with the appropriate Government. As required by Section 41 (5),<br \/>\nthe company has to satisfy the appropriate Government about the time within<br \/>\nwhich and the conditions on which the work shall be executed and<br \/>\nmaintained, and the terms on which the public shall be entitled to use the<br \/>\nwork. A conjoint reading of Sections 40 (I) (b) and 41 (5), leaves no room<br \/>\nfor doubt that the construction of such work for the company must be of<br \/>\nsuch nature that it should be perennially and directly useful to the public<br \/>\nand should not be of a sporadic or of a temporary nature. In other words,<br \/>\nit should be permanently useful to the public for all times to come and the<br \/>\npublic can directly use that work constructed by the company as and when<br \/>\noccasion arises. Such work has to be finished within the time schedule laid<br \/>\ndown by Section 41 (5) and conditions on which the work has to be executed<br \/>\nand maintained are also to be laid down. Maintenance of such work by the<br \/>\ncompany for supporting the acquisition in question necessarily means<br \/>\nmaintenance on a permanent basis. Learned counsel for Respondent no. 1<br \/>\ncontended that providing for a passage for a decorated elephant carrying<br \/>\nthe idol of the deity followed by the procession for devotees only once in<br \/>\na year at time of festival and for which purpose the land in question has<br \/>\nto be required for not more than an hour every year, cannot amount to any<br \/>\nneed for construction of such work, which has to prove permanently useful<br \/>\nto the public for all the year round or even for an indefinite period in<br \/>\nfuture.\n<\/p>\n<p>It is difficult to appreciate this extreme contention. On the other hand,<br \/>\nlearned senior counsel for the appellants was right when he contended that<br \/>\nthe reasoning adopted by the Division Bench of the High Court in the<br \/>\nimpugned judgment for applicability of Section 40 (1) (b) of the Act, that<br \/>\nthe work concerned should be like hospital, public reading room or library,<br \/>\nwould result in unduly limiting the wide scope of Section 40 (1) (b). It<br \/>\ncannot be doubted that if premises of the temple are landlocked, and a<br \/>\npassage is to be carved out from the surrounding land so that devotees<br \/>\nrepresenting a class of public can approach the place of religious worship<br \/>\nmay be even once every year, acquisition of appropriate surrounding land<br \/>\nfor that purpose can squarely be covered by Section 40 (1) (b) as such a<br \/>\npermanent carving out of passage by levelling the acquired land can<br \/>\nlegitimately be treated to be construction of work directly useful to the<br \/>\npublic. With respect, the Division Bench has too narrowly construed the<br \/>\nterminology employed by the legislature in Section 40 (1) (b). It must,<br \/>\ntherefore, be held that if a approach road to the temple or the place where<br \/>\nreligious ceremonies are to be performed is to be laid on a permanent basis<br \/>\nfor perennial use of the members of the public, being devotees, even if to<br \/>\nbe utilised every year on a single occasion for approaching the place of<br \/>\nreligious worship, then acquisition of such land would be for construction<br \/>\nof some work which is likely to prove directly useful to the public, as the<br \/>\nmembers of the public, being devotees, can walk over the said constructed<br \/>\napproach road for all times to come for going to the religious place<br \/>\nconcerned.\n<\/p>\n<p>Learned counsel for Respondent no. 1 vehemently contended that acquisition<br \/>\nfor having the passage for enabling the elephant and the procession to go<br \/>\ntowards the southern side for reaching the destination, cannot be<br \/>\nconsidered to be for construction of any work for the company, including<br \/>\nthe society, in the present case as laying of passage is not construction<br \/>\nof any work. It is not possible to agree with this contention.\n<\/p>\n<p>Work of carving out a passage would certainly amount to construction of the<br \/>\npassage in question. Construction does not necessarily mean construction<br \/>\nover the land which must rise above the surface of the land in ail<br \/>\ncontingencies. It cannot be held that for this type of need, the<br \/>\nacquisition proceedings could not have been resorted to at all,<\/p>\n<p>In this connection, we may now refer to the two decisions of this Court on<br \/>\nwhich strong reliance was placed by learned counsel for the appellants. In<br \/>\nthe case of <a href=\"\/doc\/1521043\/\">R. L Arora v. The State of Uttar Pradesh and others<\/a> (supra), a<br \/>\nConstitution Bench of this Court speaking through Wanchoo J. for the<br \/>\nmajority, had to consider the question whether acquisition of land required<br \/>\nby a company for construction of textile machinery parts could be supported<br \/>\nunder the relevant provisions of the Act. While deciding the said question,<br \/>\nWanchoo J-, in para 12 of the report observed that the interpretation of<br \/>\nthe material terms in Section 40 (1) (b) and the fifth term of the<br \/>\nagreement provided in Section 41 read together is and must always be within<br \/>\nthe jurisdiction of the Court. Repelling the contention that the words of<br \/>\nSection 40 (1) (b) could permit acquisition for some work which could make<br \/>\nthe ultimate product of the work useful to the public, it was held in para<br \/>\n14 of the report that the work should be directly useful to the public and<br \/>\nthe product of the work, even though useful to the public, would not amount<br \/>\nto the work being directly useful to the public.\n<\/p>\n<p>In the case of State of West Bengal and Ors. etc. v. P.N. Talukdar and<br \/>\nothers etc. (supra), Wanchoo J., speaking for a three Judge Bench of this<br \/>\nCourt, had once again to interpret Section 40 (1) (b) of the Act. In the<br \/>\nlight of the said provision, it was held that construction of hostel<br \/>\nbuilding and playground obviously meant for students of the institution,<br \/>\nbeing a section of the public ,was an activity which was directly useful to<br \/>\nthat section of the public but acquisition for the construction of staff<br \/>\nquarters of the company cannot be said to be directly useful to the public<br \/>\nas they were meant for occupation of individual members of the staff.\n<\/p>\n<p>The aforesaid decisions clearly indicate that permissible acquisitions for<br \/>\nthe company under Part VII would be those type of acquisitions where the<br \/>\nland sought to be acquired on a permanent basis must be required to be<br \/>\nutilised for construction of work which are directly useful to the public.<br \/>\nAccording to learned counsel for the appellants on the facts of the present<br \/>\ncase, it can be said that when devotees pass by the road or passage to be<br \/>\ncarved out for permitting the religious procession to move towards the<br \/>\nplace of festival, the said construction of road would amount to<br \/>\nconstruction of a work directly useful to the public. We find considerable<br \/>\nforce in this contention. To this extent, the decision of the Division<br \/>\nBench with respect is erroneous.\n<\/p>\n<p>One aspect of the matter which stares in the face has to be kept in view.<br \/>\nThe procession accompanying the elephant carrying the idol of the deity,<br \/>\nmay require an appropriate passage for reaching the destination. That need<br \/>\nmay not be a continuous need as such. A festival may take place once in a<br \/>\nyear. However, for laying down such a passage if any construction<br \/>\nintervenes and has to be demolished it cannot be said that such a<br \/>\nrequirement is of a sporadic nature or could be met by requisitioning the<br \/>\npremises from time to time every year. It is easy to visualise that once<br \/>\nthe passage is cleared by demolishing the shop for allowing the procession<br \/>\nalong with the elephant to pass over the said land in a given year, next<br \/>\nyear when the occasion arises the same shop, if permitted to be re-<br \/>\nconstructed in the meantime, will have again to be demolished. That would<br \/>\ncreate an impossible situation not beneficial to anyone. For such a<br \/>\npurpose, therefore, even though the requirement may be repeated every year<br \/>\nand may be even for one hour in the month of March each year, the need for<br \/>\nkeeping such a passage open would be a perennial need and obviously will be<br \/>\nof a permanent nature. Such requirement cannot be met by merely<br \/>\nrequisitioning the premises from time to time every year but the land over<br \/>\nwhich the passage has to be carved out has to be kept open throughout the<br \/>\nyear and, therefore, must vest in the authorities by following the<br \/>\nprocedure of acquisition, if legally permissible. It is not possible to<br \/>\nagree with the contention of learned counsel for the Respondent no, 1 that<br \/>\nsuch a need is a temporary need which would, if at all, call for<br \/>\nrequisitioning the land from time to time instead of resorting to the<br \/>\nprocedure of acquisition.\n<\/p>\n<p>We may now proceed to consider the legality of the impugned acquisition. In<br \/>\nour view, on the peculiar facts of this case, basic requirements of Section<br \/>\n40 sub-section l(b) of the Act are not met at all. The reason is obvious.<br \/>\nThe site plan placed before us by both sides, and on which there is no<br \/>\ndispute, shows that, the main road over which the procession has to proceed<br \/>\non spot is on the northern side. The respondent no. l&#8217;s disputed land is<br \/>\nsituated on the southern side of the main road. There is a fence put up by<br \/>\nthe respondent over her land and leaving the compound land the respondent<br \/>\nhas pat up a residential house in one corner of her land .and there is a<br \/>\nrow of shops built up by her facing the main road towards the north just<br \/>\ntouching the main road on the Northern side. The last shop touching the<br \/>\nmain road is constructed on the disputed land which is sought to be<br \/>\nacquired. The destination of the procession is on further southern side of<br \/>\nthe respondent land. For reaching that destination where the procession has<br \/>\nto end and the idol has to be taken down from the elephant&#8217;s back for<br \/>\ncarrying out the religious ceremony, the procession has necessarily to go<br \/>\nthrough the open land adjoining the respondent&#8217;s compound land. The<br \/>\nrespondent&#8217;s teamed counsel, on instruction, made it clear that the<br \/>\nrespondent will have no objection in allowing the procession along with the<br \/>\nelephant to go through the open land in her compound for approaching the<br \/>\nsouthern side and for reaching the destination. For that purpose, instead<br \/>\nof cutting across her last shop in the row, the procession can divert its<br \/>\nroute by five to ten feet on further right hand side while going towards<br \/>\nSouth and can go through her compound land for reaching the destination.<br \/>\nThis little diversion of the road may save her shop without in any way<br \/>\nhindering the procession for reaching the destination. In our view, the<br \/>\nsaid stand of the respondent is quite fair. In fact, such an alternative<br \/>\nroute could have been suggested before the acquiring authorities.<br \/>\nHowever, as procedure of Section 5A for the Act was dispensed with, the<br \/>\nacquiring authorities got no opportunity to consider the alternative route<br \/>\nsuggested by her. It is obvious that such an alternative route would have<br \/>\nsatisfied the requirements underlying the acquisition proceedings for<br \/>\nensuring a convenient passage for the procession along with the elephant.<br \/>\nSuch procession could have easily utilised such alternative route without<br \/>\ndisturbing and cutting across the respondent&#8217;s existing shop on spot. When<br \/>\nwe put this to the learned senior counsel for the appellants, he stated<br \/>\nthat on principle there may not have been any objection on this aspect but<br \/>\nfor the fact that astrofogers consulted by the appellant temple have<br \/>\nadvised that the route of the procession cannot be changed and it is only<br \/>\nthe old route which is a sanctified route. Now it is easy to visualise that<br \/>\nthis stand of the appellant clearly shows that the so called need for<br \/>\nhaving the passage for the movement of the elephant and the procession only<br \/>\nthrough the   acquired land after demolishing Respondent no. 1&#8217;s shop is<br \/>\nnot a genuine need of the temple or for that matter of the members of the<br \/>\npublic, who are the devotees and who would join in the procession every<br \/>\nyear. It is merely the sentimental approach of the temple authorities,<br \/>\nsolely depending upon the astrologers information which was made the sole<br \/>\nbasis for supporting the acquisition in question. It is easy to visualise<br \/>\nthat different astrologers opinions can be contradictory even on given<br \/>\nfacts. That can certainly not be treated to be a genuine need for public<br \/>\nwhen the suitable passage for movement of elephant and the procession can<br \/>\nbe easily obtained on spot without disturbing or demolishing the shop. A<br \/>\nlittle diversion of the route cannot, therefore, be held to be an<br \/>\nimpermissible possibility nor can the insistence by the astrologers not to<br \/>\ndivert the route can be taken to be a genuine need for construction of the<br \/>\nroad only by cutting across the intervening shop of the respondent so as to<br \/>\njustify acquisition proceedings under Section 40(1)(b) of the Act. On the<br \/>\nfacts of the present case, therefore, there is no escape from the<br \/>\nconclusion that the so-called need for having a passage only through the<br \/>\nland on which the respondent&#8217;s structure stands was not a genuine and felt<br \/>\nneed for construction of the road for the use of the public.\n<\/p>\n<p>The State Authorities could not have validly reached such a subjective<br \/>\nsatisfaction on the relevant objective facts. It remained in substance<br \/>\nsubjective satisfaction of astrologers consulted by the appellant-society.<br \/>\nNo valid acquisition under the Act can be based on astrologers&#8217;<br \/>\nsatisfaction only. Such type of satisfaction is dehors the scheme of<br \/>\nSection 40(1)(b) of the Act.\n<\/p>\n<p>Once this conclusion is reached, it becomes obvious that the final decision<br \/>\nrendered by the Division Bench of the High Court would remain well<br \/>\nsustained, though on entirely a different line of reasoning indicated<br \/>\nherein-above, and not on the line of the reasoning which appealed to the<br \/>\nHigh Court and which, in our view, with respect, is not the correct<br \/>\nexposition of the basic requirement of Section 40(1)(b) of the Act.\n<\/p>\n<p>In the result, the a-ppeals fail and are dismissed. In the facts and<br \/>\ncircumstances of the case, there will be no order as to cost.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Jnanedaya Yogam And Anr vs K.K. Pankajakshy And Ors on 28 October, 1999 Bench: S.B. Majmudar, U.C. Banerjee CASE NO.: Appeal (civil) 6126-27 of 1999 PETITIONER: JNANEDAYA YOGAM AND ANR. RESPONDENT: K.K. PANKAJAKSHY AND ORS. DATE OF JUDGMENT: 28\/10\/1999 BENCH: S.B. MAJMUDAR &amp; U.C. BANERJEE JUDGMENT: JUDGMENT 1999 Supp(4) SCR 216 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-36366","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Jnanedaya Yogam And Anr vs K.K. 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