Summarize the following court judgment. ivil Appeal No. 2458 and S.L.P. No. 9019 of 1980 From the Judgment and Order dated 7.12. 1979 of the Allahabad High Court in Civil Misc. Writ Petition No. 3174 of 1975 R.N. Trivedi	 Additional Advocate General	 Gopal Subramaniam and Ms. Shobha Dikshit for the Appellants. F.S Nariman	 Raja Ram Agarwal	 Yogeshwar Prasad	 Mrs. Rani Chhabra and Ms. Suman Bagga for the respondent. The Judgment of the Court was delivered by DESAI	 J. Respondent Raja Ram Jaiswal moved Civil Miscellaneous Writ Petition No. 3174 of 1975 under article 226 of the Constitution in the High Court of Judicature at Allahadad questioning the validity of the Notification dated February 6	 1975 issued under Sec. 4(1) of the Land Acquistion Act ( 'Act ' for short) as also a notice dated March 6	 1975 served upon him pursuant to the afore mentioned notification. The impugned notification was published in the U.P. Government Gazette dated February 15	 1975. By this impugned notification	 land bearing Plot No. 62 approximately admeasuring 8265 sq. was sought to be acquired as being needed for a public purposse namely for extension of Hindi Sangrahalaya of the Hindi Sahitya Sammelan Prayag. A substances of this notification was published in the locality where the land sought to be acquired is situate. On March 22	 1975	 a corrigendum dated March 13	 1975 was published by which the impugned notification dated February 15	 1975 was to stand corrected Plot No. 26 instead of 62 and the area sought to be acquired to be read as 2865 sq. 1000 instead of 8265 sq. After the publication of the corrigendum the petitioner sought amendment of the petition which was granted. Validity of the amended notification was challenged on diverse grounds. However	 at the hearing of the petition	 the challenge was confined to the following four grounds as summarised in the judgment of the High Court. They may be extracted: "1. Notification dated 6.2.75 issued under Sec. 4 of the Land Acquisition Act is invalid in as much as it had been issued without first complying with the provisions of rule 4 of the Land Acquisition (Companies) Rules	 1963. Acquisition proceedings are mala fide. Notice under section 4(1) of the Act was served upon the petitioner on 6th March	 1975 when only two days time was left for filing objections under Section 5 A of the Land Acquisition Act. This rendered the proceedings illegal. The notification under Section 4(1) did not relate to plot No. 26 belonging to the petitioner. Proceedings to acquire the said plot are therefore without jurisdiction. " After the petition was amended two additional grounds of challenge were pressed on behalf of the respondent. They are: "1. The notification dated 13th March	 1975 is invalid for the very same reason for which the notification dated 6th February	 1973 is claimed to be invalid. The Land Acquisition proceedings are invalid inasmuch as the notification dated 13th March	 1975 was neither published nor was its substance notified in the locality	 as also because no notice thereof had been served upon the petitioner. " Negativing all the challenges except the one that as there was failure to cause public notice of the substance of notification under Sec. 4(1) to be published at convenient place in the locality on 1001 this short ground	 the impugned notification was quashed. Hence this appeal by the Collector	 Allahabad and the Land Acquisition Officer by special leave. Respondent who was the original petitioner but is respondent in the appeal filed by the Collector will be referred to as the petitioner in this judgment. Petitioner field Special Leave Petition No. 9019 of 1980 against the same judgment contending that the High Court committed an error in rejecting the challenge to the validity of the impugned notification on the ground of legal mala fides as also on the ground of non compliance with Rule 4 of the Land Acquisition (Companies) Rules	 1963. As both these matters arise out of the same judgment	 they were heard together and are being disposed of by a common judgment. It may be mentioned that connected Civil Appeal No. 2437 of 1981 was to be taken up for hearing after the hearing concluded in D the present appeal and therefore	 the judgment in this matter was postponed because the observations in one were likely to have some impact on the disposal on merits of the contentions in the cognate appeal. Though very much delayed by circumstances beyond our control	 few days back the hearing in the cognate appeal is over and therefore	 both the appeals can now be disposed of though by separate judgments. A brief resume of the facts leading to the writ petition field in the High Court would be quite instructive in this case. The Hindi Sahitya Sammelan ( 'Sammelan ' for short) for whose benefit the land was sought to be acquired was initially formed as a voluntary organisation in 1910 and on January 8	 1914 it was registered as a society under the Societies Registration Act retaining the same name. Some where in 1950 difference arose between the members of the society and the attempt to alter the constitution of the society	 ultimately led to litigation. U.P. Legislature enacted an Act styled as U.P. Hindi Sahitya Sammelan Act No. 36 of 1956 under which a statutory body was created under the name of Hindi Sahitya Sammelan. The statutory body was to take over the management and properties of the society. The Act was however struck down as unconstitutional in Damyanti Naranga vs Union of India & Ors.(l) The pre existing Sammelan which was a registered society (1) ; 1002 continued to function as such. It is for the benefit of the Sammelan that the land involved in the dispute was sought to be acquired. According to the Sammelan	 it is in need of land for building 'Sangrahalaya ' which was roughly translated as museum cum library cum reading room. At the instance of the Sammelan	 Allahabad Municipal Board agreed to hand over the land and building in which a municipal school was located	 situated at Kamta Prasad Kakkar Road adjacent to the Central office and Press of the Sammelan	 on certain conditions. The Sammelan needed the land	 as it was then declared	 to establish a museum. The land with the school building thereon was transferred to the Sammelan in 1953. It may be mentioned that even till today the area of land admeasuring 7315 sq. in possession of the Sammelan is Lying vacant and for the quarter of a century	 museum has not come up. This aspect is mentioned in some detail as it has an impact on the contention canvassed in these appeals. Petitioner Jaiswal along with the members of his family purchased land bearing plot No. 26 with a building thereon admeasuring 2978 sq. situated at K. P. Kakkar Road in March 1970. The petitioner wanted to build a sound proof air conditioned cinema theatre on the plot No. 26 purchased by him. The plan for the proposed theatre was sanctioned both by the District Magistrate and the local municipality in December 1970. It may be recalled here that the judgment of this Court holding Hindi Sahitya Sammelan Act unconstitutional was rendered on February 23	 1971. The Sammelan was wholly opposed to the construction of a theatre near its campus as in its view a theatre and a research cum study centre can go ill together. Therefore	 when the petitioner 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	 authorities of the Sammelan raised a storm of protest	 sometimes peaceful occasionally likely to turn violent impelling authorities to impose restrictive orders under Sec. 144	 Code of Criminal Procedure. Sammelan also submitted a long memorandum setting out its objections with a view to persuading the authorities not to grant a certificate of approval for construction of a cinema II (1) ; 1003 building. Overrullng the objections the District Magistrate	 the Licencing Authority under the U.P. Cinemas (Regulation) Act	 1955 granted the requisite certificate of approval 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 constructing a cinema theatre on plot No. 26. Thereupon	 Secretary of the Sammelan addressed a letter to the Chief Minister of State of U.P. complaining against the grant of the permission by the District Magistrate and requesting the Chief Minister to cancel the permission. Ultimately	 having failed to thwart the grant of certificate of approval. the Sammelan wrote a letter on October 13	 1971 for acquiring land bearing Plot No. 26. It may be recalled that the certificate of approval for constructing a cinema building was granted by the District Magistrate on March 24	 1972. The Sammelan addressed various letters to various authorities including the then Prime Minister of India requesting them to cancel the certificate of approval granted to the petitioner. Ultimately on January 31	 1974	 a notification under Sec. 4(1) of the Land Acquisition Act	 1894 was issued stating therein that the land bearing plot No. `26 admeasuring approx. 2865 sq. 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 Sec. 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 this notification on diverse grounds in Writ Petition No. 1932174 and as a measure of interim relief	 the High Court stayed further proceeding that may be taken to acquire the land. In the meantime by notification dated February 6	 1975	 the earlier notification under Sec. 4(1) dated January 31	 1974 was cancelled and a fresh notification was issued to acquire 'land bearing plot No. 62 admeasuring 8265 sq. yds for the earlier mentioned public purpose '. Consequently	 the writ petition in which the validity of the earlier notification was questioned was disposed of as infructuous. The second notification dated February 6	 1975 was published in the U.P. Gazette on February 15	 1975.A notice dated March 6	 1975 under Sec. 5A of the Land Acquisition Act was served upon the petitioner inviting him to file his objection	 if there be any	 against the proposed acquisition. The petitioner filed detailed objections on March 8	 1975 inter alia contending that the acquisition is for a 1004 company and the pre requisite for acquisition for a company having not been carried out	 the acquisition is bad in law. It was also contended that the petitioner is not the owner of plot No. 62 admeasuring 8265 sq. Promptly on March 13	 1975	 a corrigendum 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 instead of area 8265 sq. 2865 sq. be read. In between the issue of the notification and the corrigendum	 the petitioner filed Writ Petition 3174/75 questioning the validity Or the notification dated February 6	 1975. The High Court struck down the notification as invalid and during the pendancy of the writ petition in the High Court	 further continuance e of the acquisition proceedings were stayed. If the petitioner questioned the validity of the notification on ground of mala fides	 he ought to have joined Sammelan as respondent. Having failed to implead a proper party	 he behaved curiously in opposing the application of the Sammelan for being impleaded as a party. The High Court was in error in rejecting the application. Therefore	 when the Sammelan moved an application for intervention under Order XX rule 3 of the Supreme Court Rules	 1966	 we granted the same and Mr. S.N. Kacker learned counsel appeared for the Sammelan at the hearing of these appeals and addressed his oral arguments and submitted written submissions. The High Court struck down the notification holding that in order to be a valid notification under Sec. 4(1)	 it has to be published or notified for general information in the Official Gazette and for purposes of Sec. SA of the Act	 it would be taken to have been published on the date of such publication in the Official Gazette	 and the second part of Sec. 4(1) requires the publication of the substance of the notification in the locality ' This having not been complied with	 the notification was bad and invalid. The correctness of this view is questioned on behalf of the appellants. After scruitinising the evidence placed on record	 the High Court has recorded a finding that the substance of the notification was not published in the locality either after 15th February	 1975 when the notification dated February 6	 1975 was first published in the Official Gazette or after March 22	 1975 when the corrigendum was 1005 published in the Official Gazette and thus the requirement of the second part of Sec. 4(1) has not been complied with. The finding that there was no such publication as herein indicated was not seriously questioned and in fact could not be questioned. A few facts will affirmatively establish it. The first notification dated January 31	 1974 was published in the official Gazette dated February 9	 1974 and in respect of which a notice was published in the locality in March	 1974.A copy of the notice was served on the petitioner on March 6	 1974. This notification bore the number 78 VIII LAQ and it was in respect of plot No. 26 admeasuring 2865 sq. This notification was cancelled and superseded by another notification No. 552 VIII LAQ dated February 6	 1975	 which was published in the Official Gazette dated February 15	 1975. This latter notification clearly recites that the earlier notification dated February 9	 1974 is thereby cancelled. In the latter notification dated Feb. 6	 19751 the land proposed to be acquired was shown to be plot No. 65 admeasuring 8265 sq. Admittedly notice of the substance of this notification was not published in the locality. The petitioner had nothing to do with land bearing plot No. 62 admeasuring 8265 sq. As the previous notification was cancelled	 he had nothing to worry about the second notification which has no relevance to the plot belonging to him. The corrigendum dated March 13	 1975 was issued and published in the Official Gazette dated March 22	 1975 correcting the plot number and the area and the corrected entry was to be in reference to plot No. 26 and area to be acquired was to be 2865 sq. Admittedly	 there was no notice of publication of the substance of the notification dated February 15	 1975 nor of the corrigendum dated March 22	 1975 in the lacality. The High Court was therefore	 right in holding that in respect of the later notification and corrigendum	 no notice was published in the locality and latter part of Sec. 4(1) was not complied with. 4(1) in its application to the State of U.P. read as under: "4(1): Whenever it appears to the appropriate Government or Collector that land in any locality is needed or is likely to be needed for any public purpose	 a notification to that effect shall be published in the Official Gazette	 and the Collector shall cause public notice of the substance of 1006 such notification to be given at convenient places in the said locality. " By Land Acquisition (U.P. Amendment And Validation) Act Vlll of 1974	 the section was amended to read as under: "4(1): Whether it appears to the appropriate Government and the Collector that land in any locality is needed or is likely to be needed for any public purpose	 a notification to that effect shall be published in the Official Gazette	 and except in the case of any land to which by virtue of a direction of the State Government under Sub section (4) of Sec. 17	 the provisions of Sec. 5 A shall not apply	 the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. " Though this amendment of 1974 is subsequent to the impugned notification	 yet some reference was made to it to buttress the sub mission that the only purpose of a notification under Sec. 4(1) and the public notice in the locality is to make functionally effective the provisions of Sec. 5A so that the persons interested in the land sought to be acquired can canvass his objections against the proposed acquisition. We shall presently deal with it. Mr. S.N. Kacker for the intervener and Mr. Dikshit for the State of U.P. urged that ordinarily courts do not interfere at the 	. stage of Sec. 4 notification because it merely constitutes a proposal which will be meticulously examined after the objections are filed under Sec. 5A by the person interested in the land wherein all aspects of the matter can be threadbare gone into and examined. Broadly stated	 one cannot take serious exception to this submission. However	 as a notification under Sec. 4 (1) initiates the proceedings for acquisition of land aud uses the expression 'shall ' the mandate of the legislature becomes clear and therefore	 the infirmities therein cannot be wholly overlooked on the specious plea that the courts do not interdict at the stage of a mere proposal. bare perusal of Sec. 4 (1) clearly shows that in order to comply with the statutory requirements therein set out	 a notification 1007 stating therein the land which is needed or is likely to be needed for a public purpose ' has to be published in the official Gazette. The second part of the sub section provides that 'the Collector has to cause public notice of the substance of such notification to be given at convenient places in the locality in which the land proposed to be acquired is situated. Both the conditions are held by a catena of decisions to be mandatory Whether the second condition is mandatory or directory is no more res integra. In Khub Chand and Ors. vs State of Rajasthan and Ors.(1)	 Subba Rao	 CJ speaking for the court observed that 'the statutory intention is	 therefore	 clear	 namely	 that the giving of public notice is mandatory. If so	 the notification issued under section 4 without complying with the said mandatory direction would be void and the land acquisition proceedings taken pursuant thereto would be equally void. ' While reaching this conclusion	 the Court distinguished the decision in Babu Barkya Thakur vs The State of Bombay(2) wherein it was held that 'any defect in the notification under Sec. 4 is not fatal to the validity of the proceedings	 particularly when the acquisition is for a company and the purpose has to be investigated under section 5A or section 40 necessarily after the issue of the notification under section 4 of the Act '. The Court pointed out that the defect with which the notification in Bahu Barkya Thakur 's case sufferred was of a formal nature and did not go to the root of the matter. However	 the decision is not an authority for the proposition that if a public notice of the notification was not given as prescribed by section 4	 it can be ignored. The pertinent observation of the court is that such an approach would constitute rewriting The section. The court also referred to Smt. Somavanti and Ors. vs The State of Punjab & Ors.(3) and quoted with approval the statement therein made that a valid notification under sub section (I) of Sec. 4 is a condition precedent t ) the making of a declaration under sub section (1) of Sec. 6. This view has been consistently followed and was approved in State of Mysore vs Abdul Razak Sahib(4)	 wherein it was observed that in the case of a notification under Sec. 4 of the Land Acquisition Act	 the law has prescribed that in addition to the publication of the notification in the Official Gazette	 the Collector must also give publicity of the substance of the notification in the concerned locality. Unless both these conditions are satisfied	 section 4 (1) ; at 125. (2) (3) (4) ; 1008 of the Land Acquisition Act cannot be said to have been complied with. The publication of a notice in the locality is a mandatory requirement. Mr. Kacker however	 drew our attention to a few more observations in the judgment wherein it was said that there is an important purpose behind publication of the substance of the notification in the locality because in the absence of such publication	 the interested persons may not be able to file their objections challenging the proposed acquisition and they will be denied an opportunity afforded by section 5A which confers a very valuable right. Relying on this observation Mr. Kacker urged that if the underlying purpose behind publication of a notice in the locality is to give an opportunity to the person interested in the land to object to the acquisition	 where in a case the purpose is achieved as in this case the petitioner having filed his objections	 the failure to publish the substance of the notification in the locality need not be treated fatal and cannot invalidate the proceedings. The submission as presented is very persuasive and but for binding precedents	 we would have accorded considerable attention to it. But we would not whittle down a mandate of legislation recognised by a long line of decisions solely depending upon the facts of a given case. Further the submission is predicated upon an assumption that the sole purpose behind publication of substance of notification in locality is to make requirements of Sec. 5A functionally effective. The assumption as would be pointed out is not well founded. In fact	 the court in the last mentioned case went so far as approving the decision of the Mysore High Court in Gangadharaih vs State of Mysore & Ors.(l) wherein it was ruled that 'when a notification under section 4 (1) is published in the official Gazette and it is accompanied by or immediately followed by the public notice	 that a person interested in the property pro posed to be acquired can be regarded to have had notice of the proposed acquisition. ' This is a mandatory requirement for legal compliance with requirements of Sec. 4 (1). In Narendra Bahadur Singh and Anr. vs State of U.P. & Ors(2) this Court reiterated that a publication of the notice in the locality as required by the second part of section 4 (1) is mandatory and unless that notice is given in accordance with the provisions contained therein	 the entire acquisition proceedings are vitiated. Repelling the contention	 that (1) (2) ; 1009 the only purpose behind publication of a notice in the locality is to give opportunity to the person interested in the land to prefer objections under Sec. 5A which confers a valuable right	 it was held that even though in the facts of that case	 the inquiry under section 5A was dispensed with by a direction under Sec. 17 (4) of the Act	 the failure to comply with the second condition in Sec. 4 (1) is fatal. It was pertinently observed that provisions of Sec. 4(1) cannot be held to be mandatory in one situation and directory in another and therefore	 it cannot be said that the only purpose behind making the publication of notice in the locality mandatory is to give an opportunity to the persons interested in the land to file objections under Sec. Of course	 what other object it seeks to subserve has been left unsaid. But the answer is not far to seek. At least we have no doubt that the only visible and demonstralle purpose behind publication of the substance of the notification under Sec. 4 (1) in the locality where the land proposed to be acquired is situated	 is to give the persons interested in the land due opportunity to submit their considered objections against the proposed notification. Incidentally	 it may be pointed out that after the 1974 amendment	 Sec. 4 (1) on its true interpretation may unmistakably indicate that where the enquiry under Sec. 5A is not dispensed with by resorting to Sec. 17 (4)	 compliance with the second part of Sec. 4 would be mandatory. We however do not propose to go into this aspect because the amendment is subsequent to the notification. Mr. Kacker however on behalf of the interveners while conceding that there cannot be a valid acquisition unless a notification is published in the Official Gazette and a substance of the notification is published in the locality	 urged that publication in locality need not necessarily follow the publication of the notification in the Official Gazette but it may even precede the same because what is of importance is the decision to acquire	 the notification and publication of the notice are mere formal expressions of the decision of the Govt. to start acquisition proceedings. Proceeding along it was said that the second requirement of Sec. 4 (1) v z. publication of the notice in the locality is only to make effective the provisions of Sec. 5A and that such minor defect cannot invalidate notification under Sec. 4. To substantiate this submission	 reliance was placed upon the decisions in Babu Barkya Thakur 's case	 State of Madhya 1010 Pradesh & Ors. vs Vishnu Prasad Sharma & Ors.(l) and Narendra Bahadur Singh 's case. All these decisions do not bear out or substantiate the submission of Mr. Kacker for the reasons already mentioned. Assuming that a notification in the Official Gazette is a formal expression of the decision of the Government	 the decision of the Government is hardly relevant	 unless it takes the concrete shape and form by publication in the Official Gazette. Where a decision of the Government to be effective and valid has to be notified in the Government Gazette	 the decision itself does not become effective unless a notification in the Official Gazette follows. In Mahendra Lal Jaini vs The State of Uttar Pradesh & Ors.(2) it was held that a notification under Sec. 4A of the is required to be published in the Gazette and unless it is so published	 it is of no effect. Logically	 the same view must be adopted for a notification under Sec. 4. Therefore assuming that a notification is a formal expression of a decision of the Government to acquire land	 unless the decision is notified in the Government Gazette by an appropriate notification	 the proceedings for acquisition cannot be said to have been initiated and the decision would remain a paper decision. Sec. 4 (1) further requires that 'the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. ' The expression 'such notification. ' in the latter part of Sec. 4 (1) and sequence of events therein enumerated would clearly spell out that first the Government should reach a decision to acquire land	 then publish a notification under Sec.4 (1) and simultaneously or within a reasonable time from the date of the publication of the notification cause a notice to be published containing substance of such notification meaning thereby that notification which is published. Obviously	 therefore	 there cannot be a publication in the locality prior to the issuance of the notification. The submission of Mr. Kacker does not commend to us. In this context	 it was next contended that at any rate the petitioner has not suffered any prejudice by the failure of the Government to publish a notice in the locality because the petitioner has filed detailed objections against the proposed acquisition. If the (1) (2) [1963] Supp	 1 S.C.R. 912. 1011 only purpose behind publishing the notice in the locality was to give an opportunity to the persons interested in the laid to file their objections	 the submission would have merited consideration	 but the same has been expressly negatived and therefore	 it is futile to examine the same. To be brutally frank if this was the only ground for invalidating the notification	 in the backdrop of facts we would have our serious reservations in upholding the decision	 though as the law stands	 the High Court was perfectly justified in reaching this conclusion. Our reservations have nothing to do with the perfectly legal view taken by the High Court. They stem from the facts of this case and our understanding of the purpose behind publication of notice as set out by us earlier. In such a situation	 we would have developed the concept of prejudice and the absence of it resulting in negativing the contention. But there are other formidable challenges to the validity of the impugned notification	 which of course have not found favour with the High Court but we are inclined to take a different view of the matter. Therefore we let the decision of the High Court on this point stand. Turning to the petition for special leave filed by the petitioner	 we grant special leave to appeal and proceed to examine the two challenges to the validity of the notification under Sec. 4(1) which have been negatived by the High Court. The petitioner questioned the validity of the notification inter alia on the ground that the acquisition was malafide and that the acquisition being for a Company	 it would be invalid for failure to comply with the provisions of rule 4 of the Land Acquisition (Companies) Rules	 1963. The High Court negatived both the challanges. Mr. Nariman	 learned counsel for the petitioner invited us to examine them. The relevant averments on the question of mala fides as set out in the writ petition filed in the High Court may be briefly summarised. As the objections by the Sammelan for not granting a certificate of approval for constructing a cinema building on Plot No. 26 were not accepted by the Licensing authority and a certificate of approval was subsequently granted to the petitioner	 the Sammelan in order to achieve the same object	 namely	 not to permit a theatre to be constructed at the place	 moved the authorities for acquiring the land. It is averred that the genesis of the proceeding for acquisition is not in the need of the Sammelan but its failure to stop the cinema theatre coming up and thus the purported need is non 1012 existent and the initiation of the acquisition proceedings was mala fide. Its sole purpose is to deprive the petitioner of the cinema business which he would legally carry on. Frankly	 the averments are not very specific	 clear	 precise and to the point. But the comulative effect of the allegations is that Sammelan being actuated by the ulterior motive to thwart the petitioners ' project to construct a cinema building resorted to the dubious method of seeking acquisition of the land even though it had no need present or in near future of the land in question. Obviously	 if such be the allegation	 the Sammelan ought to have been impleaded as a party to the writ petition Not only the Sammelan was not impleaded as the party	 but when the Sammelan moved an application for intervention or for being joined as a party	 the petitioner was ill advised to object to the same and unfortunately the objection prevailed with the High Court. We are unable to appreciate both the objections and the view taken by the High Court. Therefore	 when Nariman pressed his petition for special leave to appeal against the rejection of the challenge on the afore mentioned two grounds	 we made it abundantly clear that we would be least interested in examining the challenge founded on the ground of mala fides in the absence of the Sammelan. The Sammelan had moved a petition for intervention which	 it must be stated in fairness to Mr. Nariman	 was not objected in this Court and we made it abundantly clear that the request for being impleaded as a party in the High Court ought not to have been objected. Accordingly	 the petition for intervention was granted and the Sammelan was given an opportunity to file its affidavit as well as any material that it chooses to place on record. According to the rules	 the interveners are not entitled to address oral submissions to the court but in the background of the facts of this case	 we gave full opportunity to Mr. Kacker to address oral submissions. It is in the backdrop of these facts that we propose to examine the challenge founded on the ground of mala fides. A few facts will have to be recapitulated. After the petitioner purchased the Plot No. 26 and submitted an application on July 6	 1971 to the licensing authority for grant of a certificate of approval as envisaged by rule 3 read with rule 7 of U.P. Cinematograph Rules	 1951 ( '1951 Rules ' for short) for constructing a cinema building on Plot No. 26	 the Sammelan promptly objected to the grant of certificate of approval on the ground that existence of a cinema theatre within the vicinity of the campus of the institute of culture learning 1013 and research like the Sammelan would be destructive of the environment and the atmosphere of the institute	 and existence of a cinema theatre at such a place would be an incongruity. May be	 it might be the honest and genuine belief of the office bearers of the Sammelan that an institute of learning and research cannot co exist with a cinema theatre in its vicinity	 and that the latter may pollute the educational and cultural environment The District Magistrate as the licensing authority after corresponding with the State authorities granted the certificate of approval on February 24	 1974. On October 13	 1971	 the Sammelan sent a communication addressed to the Chief Minister of U.P. in which it was stated that a cinema building should not be permitted to be constructed in the vicinity of the campus of the Sammelan. The letter also refers to an earlier application addressed to the Chief Minister requesting him to intervene so that the proposed cinema house may not be permitted to be constructed near the campus of the Sammelan	 because it is likely to cause nuisance and interfere with the activities and the academic environment of the Sammelan. Further request was made in the letter that administrative sanction may be granted for acquisition of land on which the cinema building is proposed to be constructed offering that the Sammelan is ready to pay whatever compensation that may have to be paid for acquisition of the land and the building thereon. The Ditrict Magistrate by his letter dated November 8	 1971 addressed to the Pradhan Mantri of the Sammelan pointed out that the Revenue Board had directed that no institution should be given land more than that required for its purpose and that where the land is to be acquired by a body	 such a body itself must make an attempt to directly purchase the land. Then comes a sentence which may be extracted: "It is also evident by your above referred letter that you stood in need of acquiring land because the owner of the land wants to construct a cinema house over it and the institution does not want that a cinema should be constructed over the same. It is clear by the above circumstances that the land is not so much required by the institution as for the construction of the cinema house. Therefore	 I would request you to consider the matter and if your aim is that the cinema house is not constructed you may resort to other means." (underlining ours) 1014 In the meantime on December 16	 1971	 Joint Secretary to the Government of U.P. wrote to the District Magistrate enquiring as to 'whether in granting the certificate of approval	 Rule 7 (2) of the 1951 Rules was violated; What is the sphere of the activities of the Sammelan; does it undertake teaching or other such activities by virtue of which it may be placed in the category of Educational Institutions; if for some other reasons	 construction of cinema house on proposed site is against public interest	 seek Government 's approval in this respect specifying the reasons thereon; obtain written objections from the Sammelan; if required take Government 's approval making recommendations; and intimate whether cinema building will be sound proof. ' On March 24	 1972	 the District Magistrate as the licensing authority sent a detailed reply inter. alia stating that the Sammelan is not an educational institution nor a residential institution and it has no regular programme of class teaching and it cannot be styled as an educational institution within the meaning of the expression in rule 7. He also opined that having regard to all relevant factors and other circumstances construction of a cinema building on the proposed site is not against the public interest. He also opined that the approved plans of the building show an air conditioned sound proof cinema theatre which would enhance the beautification of the locality and would enrich the coffers of the State. It was lastly pointed out that the distance between the proposed cinema building and the campus of the Sammelan was about 95 feet as crow fly measure. He concluded by saying that having regard to all the circumstances	 he was of the opinion that public interest in no way would be damaged if the permission is granted for construction of the cinema house in question on the proposed site	 and that he was proceeding to grant permission to the applicant which is being forwarded to the Government. After the receipt of the permission	 the old existing building on Plot No. 26 was demolished by the petitioner and construction of a modern cinema theatre fully air conditioned and sound proof was commenced On August 7	 1983	 the Sammelan moved a formal application requesting for initiating acquisition proceedings of land included in Plot No. 26 as it was needed by the Sammelan for the purpose of extension of Hindi Sangrahalya (Museum '. Skipping over some of the intermediate steps including a request to the then 1015 Prime Minister to intervene and thwart the cinema project	 when the first notification under Sec. 4 (1) was published	 the purpose for which the land was to be acquired was shown to be 'extension of Hindi Sangrahalya at Hindi Sahitya Sammelan Prayag '. Way back on July 22	 1949	 the Sammelan with a view to establishing a museum in connection with a Hindi University approached the Allahabad Municipal Board to transfer a middle school building along with the Gymnacia attached to it. The Municipal Board unanimously sanctioned the proposal to handover the building of the school with appurtenant land situated at Kanta Prasad Kakkar Road (that is the road on which the irritating cinema theatre has come up) to the Sammelan subject to the condition that the Sammelan would construct a school building at South Malaka at a cost of Rs. 30	000. The Sammelan accepted the condition and complied with it. The Government accorded sanction to the proposal on September 9	 1953 and since then the school building with the land over which it is standing and the Gymnacia were transferred to the Sammelan. It is an admitted position that an area of 7315 sq. Of land in the Sammelan campus is lying vacant	 open and unutilised till today	 that is for thirty two years. This will have a direct impact on the alleged need of the Sammelan of the land propsed to be acquired. At the time of taking over the school building	 the Sammelan had contemplated putting up a museum. That again is the purpose for which the land involved in this appeal is sought to be acquired at the instance of the Sammelan. When this rather disturbing position emerged on analysis and evaluation of uncontroverted facts	 it was suggested that the Sammelan wanted to construct a building for Natyashala and Rangmanch for which plans have not been prepared. All these inconvenient facts found reflection in the order sheet of the Collector dated September 3	 1973 in which it is stated that "since the authorities of the Sammelan have capacity to approach the highest authority of the democratic Government as is evident from the letters received from their office	 the office is not capable to offer any comments whatever might be the proposal whether it is according to the rules or against the rules or the same should be allowed to remain as it is etc. " Later on the Sammelan stated that after the land is acquired	 it would be utilised for implementation of some new schemes. Thus though the Sammelan indisputably had and has open land in its possession from 1953 till 1973	 it did not construct the museum for which it had obtained land from the 1016 Allahabad Municipal Board. That apart it again moved the Government for acquiring the land of the petitioner under the pretext that it is needed for constructing a museum. When the facts counter indicated the purported need	 it came out with a suggestion that it proposed to construct Natyashala and Rangmanch. One may in passing	 a bit humourously note that Natyashala is a place where dramatic performances are staged and Rangmanch is a place where dances are performed. The Sammelan would put up with them. That would show that such performances would not be destructive of educational and cultural environment of the campus of the Sammelan but a modern air conditioned sound proof cinema building would. We leave this without comment. But as these proposals failed to carry conviction	 its latest stand is that let the land come	 they would devise schemes for its proper utilisation as and when the land is made available. This demonstrates the hollowness of the alleged need and removes the veil thereby disclosing the real purpose for acquiring the land. Mr. Kacker urged that quitting the quibbling so far resorted to	 the Court may examine a forthright submisson that the Sammelan 's interest in getting the land acquired is not merely to construct Sangrahalya but it is equally if not more interested in not having a cinema theatre at the place where it is being constructed. Shorn of embellishment	 the Sammelan would not tolerate the theatre and therefore when it failed to thwart the grant of certificate of approval and cinema theatre came up	 it took the second step to achieve the first mentioned object viz. seek acquisition of land to satisfy an imaginary or non existent need. The challenge on the ground of legal mala fides to the validity of the notification under Sec. 4 (1)	 a preliminary step in the process of acquisition has to be examined	 evaluated and answered in the backdrop of these facts. It can be stated without fear of contradiction that need of the land for Sangrahalya is a figment of imagination conjured up to provide an ostensible purpose for acquisition. There is enough land roughly admeasuring 7315 sq. Lying vacant and unutilised with the Sammelan for over a quarter of a century. The Sangrahalya has not come up though this was the land which was taken from the Municipal Board for the avowed object of putting up a Sangrahalya. The Sammelan moved on to Rangamanch and Natyashala and then ultimately adopted a position that when the land is made available	 1017 schemes will be devised for its proper use. Could it be said with confidence that the Sammelan was ever interested in acquiring the land for effectuating any of its objects. It has neither the plans nor the wherewithals nor any specific object for which it needs land and it is unable to use over years the land already available at its disposal. Therefore	 Mr. Kacker took bold and to some extent an imaginative stand. He said that in seeking acquisition of the land	 the Sammelan is actuated by a desire not to have the cinema theatre in its vicinity or if it has come into existence	 to do away with the same. When these facts stare into the face	 can it be said with confidence that the Government or the Collector in whom the power to acquire land is vested	 exercised the power for the purpose for which it is vested or are they guilty of legal mala fides. The High Court disposed of the contention by an over simplification of this tangled web of facts without making the least attempt at unearthing the real motives of the Sammelan The tell tale facts disclose motives and unravel hidden objects The High Court by passed them by simply observing that there is nothing on record to indicate that the Collector or the State Government are inclined to act against the petitioner for any improper motives. The High Court unfortunately missed the real contention of legal mala fides	 as also an important piece of evidence that the Collector on whom the statute confers power to initiate proceeding for acquisition himself was satisfied that Sammellan sought acquisition not because it requires the land but it wants to stop or do away with the cinema theatre. This becomes evident from the letter of the District Magistrate dated November 8	 1971. It is well settled that where power is conferred to achieve a certain purpose	 the power can be exercised only for achieving that purpose. Sec. 4 (1) confers power on the Government and the Collector to acquire land needed for a public purpose. The power to acquire land is to be exercised for carrying out a public purpose. If the authorities of the Sammelan cannot tolerate the existence of a cinema theatre in its vicinity	 can it be said that such a purpose would be a public purpose ? May be the authority of the Sammelan may honestly believe that the existence of a cinema theatre may have the pernicious tendency to vitiate the equcational and cultural environment of the institution and therefore	 it would like to wish 1018 away a cinema theatre in its vicinity. That hardly constitutes public purpose. We have already said about its proclaimed need of land for putting up Sangrahalya. It is an easy escape route whenever Sammelan wants to take over some piece of land. Therefore	 it can be fairly concluded that the Sammelan was actuated by extraneous and irrelevant considerations in seeking acquisition of the land the statutory authority having known this fact yet proceeded to exercise statutory power and initiated the process of acquisition. Does this constitute legal mala fides Where power is conferred to achieve a purpose it has been repeatedly reiterated that the power must be exercised reasonably and in good faith to effectuate the purpose. And in this context 'in good faith ' means 'for legitimate reasons '. Where power is exercised for extraneous or irrelevant considerations or reasons	 it is unquestionably a colourableq exercise of power or fraud on power and the exercise of power is vitiated. If the power to acquire land is to be exercised	 it must be exercised bona fide for the statutory purpose and for none other. If it is exercised for an extraneous	 irrelevant or non germane consideration	 the acquiring authority can be charged with legal mala fides In such a situation there is no question of any personal ill will or motive. In Municipal Council of Sydney vs Compbell(1) it was observed that irrelevant considerations on which power to acquire land is exercised	 would vitiate compulsory purchase orders or scheme depending on them. In State of Punjab vs Gurdial Singh & Ors (2) acquisition of land for constructing a grain market was challenged on the ground of legal malafides Upholding the challenge this Court speaking through Krishna Iyer	 J. explained the concept of legal malafides in his hitherto inimitable language	 diction and style and observed as under: "Pithily put	 bad faith which invalidates the exercise of power sometimes called colourable exercise or fraud on power and oftentimes overlaps motives	 passions and satisfactions is the attainment of ends beyond the sanctioned purposes of power by simulation or pretension of gaining a legitimate goal. If the use of the power is for the fulfilment of a legimate object the actuation or cataly (1) at 375. (2) ; 1019 sation by malice is not legicidal. The action is bad where the true object is to reach an end different from the one for which the power is entrusted	 goaded by extraneous considerations	 good or bad	 but irrelevant to the entrustment. When the custdian of power is influenced in its exercise by considerations outside those for promotion of which the power is vested the court calls it a colourable exercise and is undeceived by illusion. In a broad	 blurred sense	 Benjamin Disraeli was not off the mark even in Law when he stated: "I repeat that all power is a trust that we are accountable for its exercise that	 from the people	 and for the people. all springs	 and all must exist." After analysing the factual matrix	 it was concluded that the land was not needed for a Mandi which was the ostensible purpose for which the land was sought to be acquired but in truth and reality	 the Mandi need was hijacked to reach the private destination of depriving an enemy of his land through back seat driving of the statutory engine. The notification was declared invalid on the ground that it suffers from legal mala fides. The case before us is much stronger	 far more disturbing and unparalelled in influencing official decision by sheer weight of personal clout. The District Magistrate was chagrined to swallow the bitter pill that he was forced to acquire land even though he was personally convinced there was no need but a pretence Therefore	 disagreeing with the High Court	 we are of the opinion that the power to acquire land was exercised for an extraneous and irrelevent purpose and it was colourable exercise of power	 namely	 to satisfy the chagrin and anguish of the Sammelan at the coming up of a cinema theatre in the vicinity of its campus	 which it vowed to destroy. Therefore	 the impugned notification has to be declared illegal and invalid for this additional ground. The validity of the impugned notification was also challenged on the ground that even though the acquisition is for the Sammelan	 a company	 the notification was issued without first complying with the provisions of rule 4 of the Land Acquisition (Companies) Rules	 1963. The High Court has negatived this challenge. We must frankly confess that the contention canvassed by Mr. Nariman in this behalf would necessitate an indepth examination of the contention. However	 we consider it unnecessary in this case to undertake this exer 1020 cise because the judgment of the High Court is being upheld for the additional reason that the acquisition in this case was mala fide. Therefore	 we do not propose to examine the contention under this head. For the reasons which appealed to the High Court and for the additional reasons herein stated	 the appeal preferred by the Collector and the District Magistrate and another fails and is dismissed while the appeal on the grant of special leave to the petitioner is hereby partly allowed to the extent herein indicated. Substantially	 the Civil Appeal No. 2458 of 1975 fails and is dismissed with no orders as to costs. S.R. Appeal dismissed and Petition allowed.

Raja Ram Jaiswal along with the members of his family purchased land bearing plot No. 26 with a building thereon admeasuring 2978 sq. situated at K.P. Kakkar Road in March 1971. The plan for a sound proof air condition 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. and in which a municipal school was located for purpose of building "Sangrahalaya" or a museum cum library cum reading 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. 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 pre requisite 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 instead of area 8265 sq. yds.	 2865 sq. be read. The substance of Gazette the notifications dated 15.2.1975 March 22	 1975 were not published in the locality as required under section 4 (1). Tn between the issue of the notification and the corrigendum	 the petitioner filed Writ Petition 3174175 questioning the validity Or the notification dated February 6	 1975 and duly amending the grounds after issue of the corrigendum. The High Court negatived the challenges namely	 (a) that the Notification was bad for non compliance first with the provisions or the Land Acquisition ((Companies)) Rules	 1953; and (b) that the acquisition proceedings are malafide but quashed the impugned notification on the ground of failure to cause public notice of the substance of Notification under section 4 (1) to be published is the locality. Hence the State appeal (CA No. 2458/80) by special leave and the Special Leave Petition No. 9019/80 by Raja Ram. Dismissing the State appeal and allowing in part the Special Leave Petition. the Court. ^ HELD: 1. When the validity of a Notification is questioned on the ground of malafides	 proper parties affected by such an allegation must be impleaded in the petition. In this case	 Sammelan 's application for intervention under Order XX Rule 3 of the Supreme Court Rules 1966 must be granted though the Sammelan has not moved this Court against the High Court 's order rejecting the application for impleading. [1004D E] 2.1 It is true that ordinarily courts do not interfere at the stage of Sec. 4 notification because it merely constitutes a proposal which will be meticulously examined after the objections arc filed under Section SA by tho person interested 997 in the land wherein all aspects of the matter can be threadbare gone into and examined. However	 as a notification under section 4 (I) initiates the proceedings for acquisition of land and uses the expression 'shall ' the mandate of the legislature bcomes clear and therefore	 the infirmities therein cannot be wholly overlooked on the specious plea that the courts do not interdict at the stage of a more proposal. 11006 G] 2.2 A bare perusal of section 4 (1) clearly shows that in order to comply with the statutory requirements therein set out	 a notification stating 'therein the land which is needed or is likely to be needed for a public purpose has to be published in the official Gazette. The second part of the sub section provides that 'the Collector has to cause public notice of the substance of 'such notification to be given at convenient places in the locality in which the land proposed to be acquired is situated. Both the conditions are mandatory. Unless both these conditions are satisfied	 section 4 of the Land Acquisition Act cannot be said to have been complied with. Nor can Court whittle down a mandate of legislation recognised by a long line of decisions solely depending upon the facts of a given case; as is herer Further after the 1974 (U.P. Amendment and Validation Act VIII of 1974)	 Section 4 (1) on its true interpretation may unmistakably indicate that where the enquiry under Section 5 A is not dispensed with by resorting to Sec. 17 (4)	 compliance with the second part of Section 4 would be mandatory. [1006H	 1007A D	 1009D E] Khub Chand and Ors. vs State of Rajasthan and Ors. 	 [1967] I SCR 120 at 125; Babu Barkya Thakur vs The State of Bombay	 [1961] I SCR 128: Smt. Somavanti and Ors. vs The Sf are of Punjab & Ors.	 ; State of Mysore vs Abdul Razak Sahib	 [1973] I SCR 856 referred to. Gangadharaih vs State of Mysore &: Ors.	 (1961) Mys. L.J. 883 approved. 2.3 It is not correct assume that the sole purpose behind publication of substance of Notification in locality	 as required secondly in section 4 (1) of the Land Acquisition Act is to make requirement of section 5 A 'functionally effective. [1009G] Where a decision of the Government to be effective and valid has to be notified in the Government Gazette	 the decision itself does not become effective unless a notification in the Official Gazette follows. Therefore	 assuming that a notification is a formal expression of a decision of the Government to acquire land	 unless the decision is notified in the Government Gazette by an appropriate notification	 the proceedings for acquisition cannot be said to have been initiated and the decision would remain a paper decision	 Section 4 (1) further requires that 'the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality ' The expression 'such notification ' in the latter part of Section 4(1) and sequence of events therein enumerated would clearly spell out that first the Government should reach a decision to acquire land	 then publish a notification under section 4 (1) and simultaneously or within a reasonable time from the date of the publication of the notification cause a notice to be published containing substance of such notification meaning thereby that notification which is pub 998 lished. Obviously	 therefore	 there cannot he a publication in the locality prior to the issuance of the notification. [1010B G] Babu Barkya Thakur vs The State of Bombay	 [1961] I SCR 128; Narendra Bahadur Singh and Anr. vs State of U.P. & Ors	 ; ; State of Madhya Pradesh & Ors. vs Vishnu Prasad Sharma & Ors	 ; held in applicable. Mahendra Lal Jaini vs The State of Uttar Pradesh & Ors	 [1963] Supp. I SCR 912 relied on. 3.1 Where power is conferred to achieve a purpose the power must be exercise reasonably and in good faith to effectuate the purpose. And in this context 'in good faith ' means for legitimate reasons. Where it is exercised for extraneous or irrelevant consideration or reasons	 it is unquestionably a colourable exercise of power or fraud on power and the exercise of power is vitiated. If the power to acquire land is to be exercised	 it must be exercised bona fide for the statutory purpose and for none other. If it is exercised for an extraneous	 irrelevant or non germane consideration	 the acquiring authority can be charged with legal malafides. In such a situation there is no question of any personal ill will or motive [1018C E] Municipal Council of Sydney vs Compbell	 [1925] A.C. 338 at 375 quoted with approval. State of Punjab vs Gurdial Singh & Ors	 [1980] I SCR 1071 explained and followed. 3.2 Where power is conferred to achieve a certain purpose	 the power can be exercised only for achieving that purpose. Section 4(1) confers power on the Government and . the Collector to acquire land Deeded for a public purpose. The power to acquire land is (o be exercised for carrying out a public purpose. If the authorities of the Sammelan cannot tolerate the existence of a cinema theatre in its vicinity it cannot he said that such a purpose would be a public purpose. The authority of the Sammelan may honestly believe that the existence of a cinema theatre may have the pernicious tendency to vitiate the educational and cultural environment of the institution and therefore. it would like to wish away a cinema theatre in its vicinity. That hardly constitutes public purpose. The proclaimed need of land for putting up Sangrahalya is an easy escape route whenever Sammelan wants to take over some piece of land. Need of the land for Sangrahalya is a figment of imagination consured up to provide an ostensible purpose for acquisition. There is enough land roughly admeasuring 7315 sq. Lying vacant and unutilised with the Sammelan for over a quarter of a century. The Sangrahalya has not come up though this was the land which was taken from the Municipal Board for the avowed object of putting up a Sangrahalya. The Sammelan moved on to Rangamanch and Natyashala and then ultimately adopted a position that when the land is made available	 scheme will be devised for its proper use. The Sammelan was ever interested in acquiring the land for effectuating any of its objects. It was neither the plans nor the wherewithal nor any specific object 999 for which it needs land and it is unable to use over years the land already available at its disposal. Therefore	 the Sammelan was actuated by extraneous and irrelevant considerations in seeking acquisition of the land and the statutory authority having	 'known this fact yet proceeded to exercise statutory pwoer and initiated the process of acquisition. [1017F H	 1018A B] 3.3 The power to acquire land was a exercised for an extraneous and irrelevant purpose and it was colourable exercise of power	 namely	 to satisfy the chagrin and anguish of the Sammelan at the coming up of a cinema theatre in the vicinity of its campus	 which vowed to destroy. There fore	 the consideration dated 6 2.1975 is illegal and invalid. [1019E F]