Civil Appeal No877 of 1974
From the Judgment and Decree dated 17111971 of the Allahabad High Court in First Appeal No 171 of 1966
DN Mukherjee GS Chatterjee and A Bhattacharjee for the Appellant
Prithvi Raj and Mrs Shobha Dikshit for the Respondent
The Judgment of the Court was delivered by VENKATACHALIAH J
This appeal for enhancement of compensation by Special leave arises out of and is directed against the judgment and decree dated 17th November 1971 of the High Court of Allahabad in First Appeal No 171 of 1966 affirming the Award and Decree dated 13121965 of the Ist Addl
District Judge Varanasi made in a Reference Under Section 18 of the Land Acquisition Act 1894
Property known as Gopal Lal Villa a sprawling 60 year old building of about 25000 square feet of plinth area comprising of 35 rooms halls and other appurtenances its large 2366 acre grounds with 431 fruit and 13 Timber trees 12 Bamboo clumps situated on the outskirts of the City of Varanasi originally part of the estate of Raja PN Tagore and now vesting in the Administrator General West Bengal was acquired pursuant to the preliminary notification published in the Gazette dated 471959 for the purposes of the education department of the Government of Uttar Pradesh
Before the Land Acquisition Officer Appellant claimed compensation of Rs800580 at Rs352 per decimal for the land Rs350000 for the building and structures Rs41010 for the tree growth and Rs5000 as compensation for change of residence
The Land Acquisition Officer however by his Award dated 4111961 under Section 11 of the Act determined the market value of the land at Rs331340 valuing it Rs 140 per decimal or Rs14000 per 1032 acre of the building and structures at Rs57660 and of the treegrowth at Rs35583
Appellant not having accepted the offer contained in the award sought for a reference under Section 18 of the Act to the Civil Court in proceedings pursuant to which the District Court enhanced the market value of the land to Rs473200 from Rs140 to Rs200 per decimal leaving the valuation of the building and the tree growth undisturbed
The High Court has affirmed the Award dismissing appellant s claim for further enhancement before it
We have heard Shri DN Mukherjee learned counsel in support of the appeal and Shri Prithviraj learned Senior Advocate for the respondent
We have been taken through the judgment under appeal and the evidence on record
On the contentions urged at the hearing the following points fall for consideration a Whether the estimate of the market value of the acquiredland at Rs200 per decimal is unreasonably low and is arrived at ignoring the evidence on record and settled principles of valuation b Whether the valuation of the buildings and structures at a mere Rs57660 calls for an upward revision c Whether the award made for the tree growth is inadequate and is required to be valued higher d Whether appellant is entitled to the benefit of Sec
232 of the Act as introduced by the UP Law Acquisition Amendment Act 1972 providing for solatium and further to higher rates of solatium and interest under the Central Amending Act Act No 68 of 1984 on the ground that proceedings were pending in appeal before this court on the dates these amendments came into force 4
Re Contention a The acquired land had the potentiality for building purposes
Learned District Judge found that 
The Land Acquisition Officer himself realised this fact and has observed that the land under acquisition is 1033 situated within the Corporation limits in Mohalla Orderly Bazar a thickly populated locality and is near to Kutchery
It has therefore a potential value as building site
 I may add here that though the acquired land is at a distance of about 3 to 3 12 miles from the main markets of Varanasi City yet every thing of daily need and of day today utility is available in the market which exists in the locality of the acquired land
It may also be added that the land adjacent to the west of the acquired land known as Tagore Nagar  formerly formed part of this Gopal Lal Villa and both were covered by one boundary
The land of Tagore Nagar has been divided into small portions and a colony with residential quarters has grown up there
This was already in existence before the present acquisition   The determination of market value of a piece land with potentialities for urban use is an intricate exercise which calls for collection and collation of diverse economic criteria
The market value of a piece of property for purposes of Section 23 of the Act is stated to be the price at which the property changes hands from a willing seller to a willing but not too anxious a buyer dealing at arms length
The determination of market value as one author put it is the prediction of an economic event
viz the price outcome of a hypothetical sale expressed in terms of probabilities
Prices fetched for similar lands with similar advantages and potentialities under bona fide transactions of sale at or about the time of the preliminary notification are the usual and indeed the best evidences of market value
Other methods of valuation are resorted to if the evidence of sale of similar lands is not available
In the District court appellant relied upon eight transactions of what according to him were sale of similar lands
The transactions at Ext
18 20 21 and 22 dated 2531952 1121955 1181953  1171957 respectively were rejected by learned District Judge on the ground that they were long enterior in point of time to the acquisition and lacked the element of contemporaneity
23 dated 25101958 and Ext
24 dated 1881960 were also held not to afford reliable evidence of market value on the ground that while in the former case the property was sold along with a construction thereon without any indication as to the apportionment of the price between the land and the construction in the latter case the sale was about an year subsequent to the date of the preliminary notification
1034 What remained were the evidence of sale transactions at Exts
2 and 19 dated 1691958 and 22121958 respectively indicating a price of Rs1250 and Rs900 per biswa respectively
The District Judge struck an average of the two and fixed the rate at Rs1075 per biswa which worked out to about Rs350 or thereabouts per decimal
But since Ext 2 and Ext 19 related to very small plots the learned District Judge on some calculations of his own fixed the rate of Rs200 per decimal for the acquired land
Shri Mukharji in support of the appellant s claim  Rs352 per decimal submitted that the High Court in affirming the valuation of the land at a mere Rs200 per decimal overlooked certain settled principles of valuation in that it approved the process adopted by the learned District Judge of striking an average of the valuations reflected in Ext
2 and Ext
19 while the higher of the two figures indicated by Ext 2 should have been adopted
Learned Counsel submitted that the acquired land though situate about 3 12 miles away from the heart of Varanasi City had all the potentiality for use for building purposes and that the rejection of the evidence of market value afforded by Ext
24 the transaction of sale dated 1471960 which indicated a price of Rs2000 per biswa on the ground that it was an year later than the preliminary notification was erroneous
It is trite proposition that prices fetched for small plots can not form safe bases for valuation of large tracts of land as the two are not comparable properties
See Collector of Lakhimpur vs BC Dutta AIR 1971 SC 2015 Mirza Nausherwan Khan  Anr
vs The Collector Land Acquisition Hyderabad 1975 1 SCR Padma Uppal etc
vs State of Punjab  Ors 1971 1 SCR Smt
Kaushalya Devi Bogra  Ors
vs The Land Acquisition Officer Aurangabad  Anr 1984 2 SCR
The principle that evidence of market value of sales of small developed plots is not a safe guide in valuing large extents of land has to be understood in its proper perspective
The principle requires that prices fetched for small developed plots cannot directly be adopted in valuing large extents
However if it is shown that the large extent to be valued does admit of and is ripe for use for building purposes that building lots that could be laid out on the land would be good selling propositions and that valuation on the basis of the method of a hypothetical lay out could with justification be adopted then in valuing such small laid out sites the valuation indicated by sale of comparable small sites in the area at or about the time of the notification would be relevant
In such a case necessary deductions for the extent of land required for the formation of roads and other civic 1035 amenities expenses of development of the sites by laying out roads drains sewers water and electricity lines and the interest on the outlays for the period of deferment of the realisation of the price the profits on the venture etc are to be made
In Sahib Singh Kalha  Ors
vs Amritsar Improvement Trust and Ors See  this court indicated that deductions for land required for roads and other developmental expenses can together come up to as much as 53
But the prices fetched for small plots cannot directly be applied in the case of large areas for the reason that the former reflects the retail  price of land and the latter the wholesale  price
The sale transaction at Ext
24 was an year later
Such subsequent transactions which are not proximate in point of time to the acquisition can be taken into account for purposes of determining whether as on the date of acquisition there was an upward trend in the prices of land in the area
Further under certain circumstances where it is shown that the market was stable and there were no fluctuations in the prices between the date of the preliminary notification and the date of such subsequent transaction the transaction could also be relied upon to ascertain the market value
This court in State of UP vs Maj
Jitender Kumar See observed  
It is true that the sale deed Ext
21 upon which the High Court has relied is of a date three years later than the Notification under section 4 but no material was produced before the Court to suggest that there was any fluctuation in the market rate at Meerut from 1948 onwards till 1951 and if so to what extent
In the absence of any material showing any fluctuation in the market rate the High Court thought it fit to rely upon exhibit 21 under which the Housing Society itself had purchased land in the neighbourhood of the land dispute
On the whole we are not satisified that any error was committed by the High Court in relying upon the sale deed exhibit 21  But this principle could be appealed to only where there is evidence to the effect that there was no upward surge in the prices in the interregnum
The burden of establishing this would be squarely on the party relying on such subsequent transaction
In the present case appellant did not endeavour to show that between the date of preliminary notification ie 471959 and the date of Ext
24 ie 1881960 there was no appreciation in the value of land in the area
Therefore Ext
24 cannot be relied upon as affording evidence of the market 1036 value as on 471959
We cannot accept the argument that the price indicated in Ext
24 should be accepted after allowing an appropriate deduction for the possible appreciation of the land values during the period of one year
Apart from other difficulties in this exercise there is no evidence as to the rate and degree of appreciation in the values of land so that the figure could be jobbed backwards from 1471960 to 471959
It appears to us that even if the value at Rs1250 as on 2781958 indicated by Ext
2 is adopted and something is added thereto for the possible appreciation for the period till the preliminary notification also taking into account the trend of appreciation in the prices in the area as indicated by Ext
24 and the value of small developed sites is estimated somewhere between Rs1400 and Rs1600 per biswa or Rs450 to Rs500 per decimal yet the valuation made in the present case does not call for or justify any upward revision at all
There is a simple way of cross checking these results
The value of small plots Rs500 per decimal as now estimated represents what may be called the retail price of the land
What is to be estimated therefrom is the wholesale price of land
In Bombay Improvement vs Mervanji Manekji Mistry See AIR 1926 Bombay 420 Mecleod CJ suggested a simple rule  Valuation cases must be dealt with just as much from the point of view of the hypothetical purchase as of the claimant
The valuation itself must often be more or less a matter of guesswork
But it is obviously wrong to fix upon a valuation which judged by everyday principles no purchaser would be likely to give    I have always been adverse to elaborate hypothetical calculations which are no more likely to lead to a fair conclusion than far simpler methods
But in any event no harm can be done by testing a conclusion arrived at in one way by a conclusion arrived at in another    A very simple method of valuing land wholesale from retail prices is to take anything between one and half onethird according to circumstances of the expected gross valuation as the wholesale price  emphasis supplied In the present case Rs200 per decimal for the large extent of the 1037 acquired land works out to 40 of the retail price even if we take Rs500 as the retail price
That apart in the case of land with potentialities for a more profitable use it is necessary to acknowledge and make due allowance for the possibility that the land might not be applied for the prospective use at all or not so applied within a reasonable time
There is therefore no justification to interfere with the determination of the market value of the land approved by the High Court
Contention a is accordingly answered against the appellant
Re Contention b The District Court proceeded to value the property on the Land and Building Method
The appositeness of this method to the present case was not debated before us
Usually land and building thereon constitute one unit
Land is one kind of property land and building together constitute an altogether different kind of property
They must be valued as one unit
But where however the property comprises extensive land and the structures thereon do not indicate a realisation of the full developmental potential of the land it might not be impermissible to value the property estimating separately the market value of the land with reference to the date of the preliminarynotification and to add to it the value of the structures as at that time
In this method building value is estimated on the basis of the primecost or replacement cost less depreciation
The rate of depreciation is generally arrived at by dividing the cost of construction Less the salvage value at the end of the period of utility by the number of years of utility of the building
The factors that prolong the life and utility of the building such as good maintenance necessarily influence and bring down the rate of depreciation
Hari Shanker Misra PW 3 referring to the nature and quality of the building stated 
The Northern part of this Villa was double storeyed and rest was single storeyed
Its plinth was 3 feet high and rooms were 14 feet high
The building bore 35 rooms and besides this there was a big hall 65 feet x 22 feet
Its floor was made up of some patent stones
Some monthly some market and Vkiya were stoned
The doors were 8 feet x 4 feet and they were made up of Burma teak wood and up ways were double doored
When Improvement Trust oc 1038 cupied the property of Nejai at that time building was well maintained
Over and above the main building there were manager quarters
Kitchen out house servant quarters Chowkidar quarters and a stable
Now they were in good condition
Its boundary wall was 7 feet and at some places they were 8 feet high
This also consists of 2 iron gates
One is main gate and the other one is by its side of some distance  Learned District Judge based his valuation almost entirely upon the report of the Chief Engineer estimating the building at Rs57660
That report itself was not brought on record in the proceedings of reference
It is not clear from the judgment of the High Court whether this estimate of Rs57660 represented the cost of replacement of the structure less depreciation or whether it represented merely the salvage value of the building
High Court rejected the Valuation Report Ext
1 relied upon by the appellant on the ground that it was made with reference to a date which was an year later than the preliminary notification
The High Court observed 
The appellant had examined Narain Chand Das an Overseer who had assisted the Executive Engineer in preparing the valuation of the constructions and the well
The report of the Executive Engineer is Ext
1 on the record
It appears from the said report that the valuation was determined on the basis of the rates prevailing in the year 1960 where as the preliminary notification in the instant case was issued in the year 1959
Moreover this building appears to be about 60 years old and the market value thereof could not be determined on the basis of the cost of constructions prevailing in the year 1960
This method of calculating the market value of the property is obviously erroneous and cannot be accepted
No other evidence was produced by the appellant to determine the value of the constructions and the well
The evidence produced by him being not satisfactory the compensation already determined by the Land Acquisition Officer in respect of this item of the property was not liable to be enhanced  We are afraid the estimate of the proper market value of the building has not received the requisite attention both before the High Court and the District Court
It is no doubt true that Ext
1 was prepared on 2071960 an year after the date of the preliminary notifi 1039 cation in the present case but the extent of the built area was about 2500 sq
1 gives a breakdown of the area of the various parts of the building and sets out the nature of the construction and proceeds to estimate the value in terms of the then current PWD rates less depreciation of 20
The rates adopted were not particular to the date of valuation ie 2071960
The PWD rates are operative over a period generally for an year or so
The extent or the quality of construction were also not in dispute
The main building of an area of 18828 sq
consisted of 35 rooms and a big hall with Marble Flooring  Burma Teak Shutters  Stone Slab Roofing  a portico with Glazed Gracian Pillars  etc
In Ext
1 the main portion was valued at Rs12 per sq
Apart from the main building there were other appurtenances such as the Managers  quarters kitchen house chowkidars  quarters out house stables pucca wells etc
The other structures have been valued area wise at much lesser rates according as the nature of the construction
The decendants of Raja PN Tagore it was claimed were residing in the building till a few days before possession was taken
There is no evidence to suggest that the rates mentioned and adopted in Ext
1 were not rates valid for a spread out period
It appears to us somewhat unreasonable that the extensive building of 25000 sq
with big halls and 35 rooms constructed with quality material marble flooring burma teak joinery should be valued at a mere Rs57660
No case was made out that the building had lost its utility and that only mode of valuation appropriate to the case was one of awarding merely the salvage value
The building according to the evidence was quite strong though about 60 years old at the time
Having regard to the circumstances of this case the appropriate thing to do would have been to set aside the award in so far as the valuation of the building is concerned and remit the matter for a fresh determination of its market value as on 1471959
But the parties have been at litigation for decades
The acquisition is of the year 1959
We therefore thought and put to the learned counsel on both sides whether in the interests of justice it would not be proper to make some rough and ready estimate drawing such sustenance as the evidence on record could afford and impart a quietus to this vexed litigation
Learned counsel very fairly submitted that this would be the appropriate course
In the very nature of things the exercise that we make must share the imperfections of the evidence on record
But then some element of speculation is inevitable in all valuations
In the 1040 best of exercises some measure of conjecture and guess work is inherent in the very nature of the exercise
We may first proceed to estimate the prime cost of the building
The measurement set out in Ext
1 is not disputed
If Ext 1 is taken as the starting point for the estimate of cost of replacment as on 471959 the depreciation of 20 allowed in Ext
1 has to be added back and further some deduction towards the possible escalation of costs of construction between the date of preliminary notification and of the period of validity of the rates adopted in Ext
1 has to be made
On this basis the cost of replacement could be estimated at about Rs4 lakhs
This works out to Rs16 sq
on the average
Even in respect of 1959 this figure may not be much having regard to the quality of the construction
From this sum of Rs4 lakhs depreciation for the past life of 60 years of building would have to be deducted
Depreciation depends upon and is deduced from factors such as the cost of the construction the expected life span its salvage value realisable at the end of the period of utility etc
Rate of depreciation is generally the prime cost less salvage value divided by the life span
These of course are matters of evidence
In the present case if we make a rough and ready estimate of the salvage value at say 10 of the cost and estimate the period of utility of life span of the building at say 90 years the depreciation which is the annual loss of value due to physical wear and tear works out to about Rs4000 per year or roughly 1
Without going to the finer details of the calculation of the depreciation on the progressive written down values we think an estimate of 50 of the cost of the building may again on a rough and ready basis be deducted towards depreciation
The market value of the building as on the date of the preliminary notification could accordingly be fixed at Rs200000
Accordingly the compensation for the buildings and structures is enhanced from Rs57660 to Rs200000 point b is held and answered accordingly
Re Contention c So far as the tree growth is concerned it is trite proposition that where land is valued with reference to its potentiality for building purposes and on the basis of prices fetched by small sites in a hypothetical lay out the tree growth on the land cannot be valued independently on the basis of its horticultural value or with reference to the value of the yield
But this principle does not 1041 come in the way of awarding the timber value or the salvage value of the tree growth after providing for the cost of cutting and removing
The evidence shows that there were 471 fruit bearing trees and plants 13 timber trees and 12 Bamboo clusters
Though there is some evidence as to the value of the yield this may not be a relevant factor having regard to the principles of valuation appropriate to the case
There is no evidence about the timber value and the fuel value of the trees
Learned District Judge has awarded a sum of Rs35585 for the entire tree growth
Having regard to the large number of trees and to the fact that some of them were timber trees we think we should award lumpsum of Rs7500 under this head
Accordingly compensation for the tree growth is enhanced from Rs35585 to Rs7500 11
Re Contentiond This leaves us with the question whether the benefit of Section 232 introduced by the UP Land Acquisition Amendment Act 1972 Act No 28 of 1972 providing for a solatium is available to the appellant on the ground that the proceedings in appeal were pending as on the date when that provision was introduced
It is to be recalled that by UP Land Acquisition Amendment Act Act No 22 of 1954 Section 232 had been deleted from the statute
The preliminary notification was long subsequent to this deletion
The question is whether the introduction or re introduction of Section 232 in 1972 would enure to the benefit of the appellant on the premise that rules of construction appropriate to such remedial measures would require their benefit to be extended to pending proceedings
Appellant has also claimed the benefit of the further enhancement of the solatium and the rates of interest under Central Amending Act 68 of 1984
Shri Mukharjee submitted that these amendments both by the State Law and the Central Law were remedial legislations and would apply to pending actions
Shri Prithviraj on the contrary submitted that these changes in the law brought in by the amended provisions are presumptively prospective except to the extent that they are made expressly or by compelling implication retrospective in the extension of their benefits
Learned Counsel said that application of these provisions even to pending proceedings envisages a principle of retro active application which must expressly be enabled by the statute or is to be inferred as an inevitable implication
1042 Shri Mukharjee relied upon certain observations of this court in the case of Bhag Singh  Ors
vs Union Territory of Chandigarh See 1985 Suppl
2 SCR 949
There are some observations at 958 of the report which tend to lend support to Shri Mukharjee
But the matter is pending decision at the hands of a larger bench
In the circumstances learned counsel on both sides submitted that the appeal be disposed of on the other points leaving it open to the appellant to agitate Contention d after a final pronouncement in Bhag Singh s case if in the light of the said judgment this claim or any part of it survives
We accept this submission and reserve liberty to the appellant accordingly
Shri Mukharjee sought to raise another point concerning compensation to be awarded for change of residence under Clause fifthly  in Sec
231 but as this point does not appear to have been raised and urged before the High Court
We think we should not permit the appellant to re agitate this question over again in this court
It is also to be observed that no specific ground is taken in this behalf in this appeal either
In the result this appeal is allowed in part and while the compensation determined and awarded for the land is left undisturbed the compensation awarded for the building and tree growth is enhanced from Rs57660 to Rs200000 and from Rs35585 to Rs7500 respectively
Appellant shall be entitled to interest at 6 on the enhanced amount of compensation from the date of taking of possession till realisation
Liberty is reserved to the appellant to seek such additional relief on Contention d depending upon the ultimate decision in Bhag Singh s case
The appeal is disposed of accordingly
The appellant shall be entitled to the costs in this appeal
The advocate s fee fixed at Rs2500
NVK Appeal allowed


Summary:
 The Serial titled Tamas based on a book written by Sree Bhisham Sahni was being screened on the TV Four of its episodes had already been shown when the petitioner moved this Court under Article 32 of the Constitution for a writ of prohibition and any other appropriate writ restraining its further screening and to enforce petitioner s fundamental rights under Articles 21 and 25 and for declaring the screening or televising of Tamas as violative of section 5B of the 
Earlier a writ had been admitted in the High Court of Bombay and a single learned Judge granted interim stay
On appeal the Division Bench after seeing the complete serial vacated the stay
Special leave petition has been filed against that judgment
Serial Tamas  takes us to a historical past unpleasant at times but revealing and instructive
In those years which Tamas  depicts a human tragedy of great dimension took place in this sub continent though 40 years ago which has left a lasting damage to the Indian psyche
Tamas  depicts the Hindu Muslim and Sikh Muslim tension before the partition of India and the killings and looting that took place
According to the Division Bench of the High Court the serial inter alia depicts how communal violence was generated by fundamentalists and extremists in both communities how innocent persons were duped into serving the ulterior purpose of fundamentalists and how extremist ele 1012 ments infused tension and hatred for their own ends
The petitioner s contentions are 1 The exhibition of the serial is against public order and is likely to incite the people to indulge in the commission of offences and is therefore violative of section 5B1 of the and destructive of principles embodied under Article 25 2 Its presentation is likely to promote feelings of enmity hatred or ill will among different religious groups and is prejudicial to communal harmony and national integration and is therefore an offence under section 153A of the Indian Penal Code 3 Events have been depicted and characters portrayed in a manner that would provoke and instigate people of all ages exposed to it who will fail to grasp the message if any behind the serial 4 Truth in its naked form may not always and in all circumstances be desirable to be told or exhibited and 5 The Judges of the High Court have viewed the film from their own point of view but the average persons in the country are not as sober and experienced as the Judges of the High Court
The respondents on the other hand urge that all the appropriate authorities have considered the film suitable for unrestricted public exhibition and the only question is whether the film has been misjudged or wrongly judged and allowed to be exhibited or serialised on a wrong approach
This film indubitably depicts violence
That violence between the communities took place before the pre partition days is a fact and it is the truth
Dismissing the petitions this Court  HELD 1 The itself contains several provisions to ensure the fulfilment of the conditions laid down in section 5B and also to ensure that any film which is likely to offend the religious susceptibilities of the people is not screened for public exhibition
1021G H 2 On the aforesaid statute as it presently stands the procedure for grant of certificate of exhibition to a film is quite elaborate and the unanimous approval by the examining committee must be given full weight and the Court would be slow to interfere with the conclusion of a body specially constituted for this purpose
1022C D 3 The correct approach in judging the effect of exhibition of a film or of reading a book is to judge from the standards of ordinary reasonable man
1019C D 1013 4 The two learned Judges viewed the film from the point of view of how the average person for whom the film is intended will view it
 They have found that the message of the picture was good and have come to the conclusion that the average person will learn from the mistakes of the past and realise the machination of the fundamentalists as the film itself shows how realisation ultimately dawns as to the futility of violence and hatred and how the inherent goodness in human nature triumphs
In their view those who forget history are condemned to repeat it
It is out of tragic experience of the past that we can fashion our present in a rational and reasonable manner and view our future with wisdom and care
Awareness in proper light is a first step towards the realisation
1022F H 5 The finding of the Division Bench of the Bombay High Court is that the picture viewed in its entirely is capable of creating a lasting impression of the message of peace and co existence and that people are not likely to be obsessed overwhelmed or carried away by the scenes of violence or fanaticism shown in the film
This Court sees no reason to differ from the conclusion
1024D 6 It is the lesson of history that naked truth in all times will not be beneficial but truth in its proper light indicating the evils and the consequences of those evils is instructive and that message is there in Tamas 
1023D 7 It is true that a writer or a preacher should cling to truth and right if the very heavens fall
This is a universally accepted basis
Yet in practice all schools alike are forced to admit the necessity of a measure of accommodation in the very interests of truth itself
1023B 8 Judged by all standards of a common man s point of view of presenting history with a lesson in this film these boundaries appear to have been kept in mind
1023C D 9 The Court is unable to see any alleged violation of Articles 21 and 25 of the Constitution
The position that the petitioner has a right to draw attention of this Court to ensure that the communal atmosphere is kept clean and unpolluted is accepted
He has done well to draw attention to this danger
This Court has examined and found that there is no such danger and the respondents have not acted improperly or imprudently
1024E F Bhagwati Charan Shukla vs Provincial Government AIR 1947 1014 Nagpur 1 KA Abbas vs The Union of India and Another   Ebrahim Sulaiman Sait vs MC Muhammad and Anr  and Rajkapoor vs Laxman   referred to