RESPONDENT: RAJA RAM JAISWAL ETC. DATE OF JUDGMENT29/04/1985 DESAI, D.A. DESAI, D.A. ERADI, V. BALAKRISHNA (J) CITATION: 1985 AIR 1622 1985 SCR (3) 995 1985 SCC (3) 1 1985 SCALE (1)1044 CITATOR INFO : D 1988 SC1459 (14) D 1989 SC 682 (10) RF 1991 SC 711 (13) ACT: Land Acquisition Act, 1894 section 4 (1), scope of Acquisition of Land For public purposeWhether notification in the official gazette and causing public notice of the substance of such notification the need of a land for a public purpose, mandatoryConcept of prejudiceWhere in a case, objections have been filed to the acquisition proceedings, pursuant to an earlier notification whether non publication and non notification of its substance in the locality and of a corrigendum thereof issued later would still vitiate the proceedings. under section 4 (1)Effect Of the world shall in section 4 (1)When malafides are attributed, impleading of the proper party effected thereby is obligatoryMalafidesLegal malafides explained. HEADNOTE: Raja Ram Jaiswal along with the members of his family purchased land bearing plot No. 26 with a building thereon admeasuring 2978 sq. yds. situated at K.P. Kakkar Road in March 1971. The plan for a sound proof aircondition ed cinema theatre on the said plot submitted by him was sanctioned both by the District Magistrate and the local municipality in December, 1970 and thereafter he applied for a certificate of approval under Rule 3 read with Rule 7 (2) of the U.P. Cinematograph Rules. 1951 for construction of a Cinema theatre. The Hindi Sahitya Sammelan which was initially formed as a voluntary organisation in 1910 and registered as a society under the Societies Registration Act on January 8, 1914 retaining the same name had earlier acquired and taken possession from the Allahabad Municipal Board land admeasuring 7315 sq. yds. and in which a municipal school was located for purpose of building "Sangrahalaya" or a museumcumlibrarycumreading room. However no museum has come up and the land lies vacant. This Sammelan raised objections to the grant of a permit for the constructions of the cinema theatre as in its view a theatre and a research cum study center can go ill together. Overruling the objections, the District Magistrate, the Licensing Authority under the U.P. Cinema (Regulation) Act, 1955 granted the requisite certificate of approval, on March 24, 1972, under Rule 3 which would in law imply that having regard to the provisions of the 1955 Act, and 1951 Rules, there was no legal impediment to the construction of a cinema theatre on plot No. 26. Having failed to thwart the grant of certificate of approval, the Sammelan wrote a letter on October 13, 996 1971 for acquiring land bearing plot No. 26 admeasuring approximately 2865 sq. yds. On the ground that it was needed for a public purpose namely for extension of Hindi Sangrahalaya of Hindi Sahitya Sammelan Prayag. This Notification was published in the U.P. Government Gazette on February 9, 1974.A notice under section 4 (1) bearing the same date was served upon the petitioner as also the same was published in the locality. The petitioner challenged the validity of the notification on diverse grounds in Writ Petition No. 1932/74 and obtained interim stay of taking over possession. In the meantime, by Notification dated February 6, 1975, the earlier Notification dated January 31, 1974 was cancelled and a fresh Notification was issued to acquire "land bearing No. 62 admeasuring 8265 sq yds." and published in the U.P.. Gazette on February lc. 1975. Consequently Writ Petition No. 1932174 was got dismissed as infructuous.A notice dated March 6. 1975 under section 5 of the Land Acquisition Act was served upon the petitioner inviting him to file his objections, if any. The petitioner filed detailed objections on March 8, 1975 inter alia contending that the acquisition is for a company and the prerequisite for acquisition for a company having not been carried out, the acquisition is had in law. It was also contended that the petitioner is not the Owner of plot No. '2 admeasuring 8265 sq. yds Promptly on March 13, 1975, a corringendum was issued and published in the Gazette on March 22, 1975 correcting the notification dated February 6, 1975 to read that instead of plot No. 62 Plot No. 26 be read and inste