Issues:
Whether acquisition of land by X Government for Cooperative Society is valid? YES
Whether acquisition of land by X Government for Cooperative Society is valid? YES
Whether Y can challenge such acquisition? NO
Rule:
Eminent domain: Compulsory acquisition of private property for public purpose.
Application:
It is the power of a Government to take over the private property for public use. This term eminent domain was coined by Hugo Groitus in 1625 and means the supreme control over the property of the subjects enjoyed by the sovereign. The justification for acquisition of property of private citizens is that the public necessity is greater than private necessity. Apart from the Land Acquisition Act, 1894, there are a large number of other Central and State laws which permit the Government of acquire land for specific purposes such as planned development of industries, slum clearance, town planning, improvements, implementation of municipal housing schemes etc.
Ratilal Vs. State of Gujarat, (1970) 2 SCC 264, acquisition of private property towards housing scheme for the members of a Cooperative Society was held to be public purpose within the meaning of the term 'public purpose'. The Court further held that ordinarily, the Government is the best authority to determine whether the purpose in question is a public purpose or not and further the declaration. 'made by it under Section 6 is a conclusive evidence of the fact that the land in question is needed for a public purpose.
T.Subba Reddy Vs. State, AIR 1979 AP 127, where a cooperative society, in which State has a major interest, wants to construct a sugar factory with a view to encourage the local sugarcane growers and the industry and also to increase the production of sugar in order to meet the acute shortage of the sugar in the country, public purpose is involved in such a venture.
Ankaiah Vs. State, AIR 1960 AP 231, Acquisition of land to provide amenities and conveniences to pilgrims visiting renowned Devasthanam. Trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability.
Conclusion:
In the instant problem, the acquisition made by the X Government to wards the housing scheme for the members of a Cooperative Society is valid and Y cannot challenge.
(https://allindianlegalupdates.blogspot.com/2021/04/x-government-acquired-private-property.html)