Gulam Mustafa & Ors vs The State Of Maharashtra & Ors on 18 September, 1975
In Gulam Mustafa and Ors. v. State of Maharashtra and Ors. , the Apex Court ruled that there is no principle of law by which valid compulsory acquisition can be voided because the land acquired has been diverted to a public purpose other than the one stated in the declaration under Section 6 of the Land Acquisition Act. Legal position is well established that it is open to the State Government to use the acquired land for the public purpose other than for which it has been acquired. In the present case, large tract of land has already been put to public use. The learned Counsel for petitioners heavily relied upon the Government Resolution dated 10th October, 1973 for restoration of the unused and unutilised land. The said Resolution is of no help to the present petitioners as we have already observed that the expropriated owner had claimed restoration of possession way back in the year 1975 on the ground that the acquired land has not been utilised and had challenged the lease of 20 acres of land to first respondent herein. The said suit was ultimately withdrawn by the expropriated owner before this Court. The selfsame plea cannot be raised by the petitioners who claim to be Mirashi tenant when the expropriated owner had already withdrawn the suit on that ground.