July 5, 2011

Forget what is said in the statute, go by how Mahatma Gandhi had described the common man---- Supreme Court.

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Yes!!! This is a statement made by The learned Judges of The Honorable Supreme Court in a Land Acquisition case.

In a case, pertaining to Land acquisition by the state for the public purpose, The Supreme Court, stated that, the state was the biggest land grabber, depriving farmers of their livelihood for generations. It has also stated that by taking advantage of the land acquisition law, the state was helping the builders. 'It is anti-people. The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly said that farmers' lands were being acquired in the name of public interest and being given to builders to construct luxury houses, which had nothing to do with the requirement of the common man. While interpretation, the learned counsel for the (builders) stated that, the land was acquired for the public purpose and in accordance with the definition of “Public interest”.

By using the provisions of land acquisition Act, the state is misusing the Act in various ways for its own benefit.-Justice Singhvi stated. The pertinent question that arises here is that: When It is the duty of the state to protect its people; it is fulfilling its duty by acquiring land from poor farmers in a very cheap price, and depriving them from their livelihood. This action of government gives no option to poor people, as they were left with two options - either to live in slums or to take recourse to criminal activities for their survival.
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Council for the (developers) argued veraciously stating the action of government and builders as in for “public purposes”, Justice Ganguly wondered whether the houses being built by 'reputed builders' were meant for the common man and to satisfy their needs. As brochures produced by the council, it states to provide swimming pool, ayurvedic massage, parlor and spa, health club, badminton court and commercial center. ……..How far these meant for the common man? Or how many common people can afford to have this …..? When such facilities are provided by the builders after acquiring the land for public purposes, my question here is how far it is justified by the state to acquire land from poor farmers and use it in such fascinating way making poor people to strive for food and shelter…?

When council for (builders) referred to the “public purpose” as defined under the Land Acquisition Act, Justice Ganguly asked the council to forget what was said in the statute but go by how Mahatma Gandhi had described the common man and the spirit of the same enshrined in the constitution…….I must say That the spirit of reality, truth and Justice. And Such decisions and opinions from judiciary bring to the Institution
high respect, high value and dignity.

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