ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY ORDINANCE, 1982

Section-3

Public purpose—in this instant case, the respondent No. 4 Paharika Girls High School has been running on the ground floor of the two storied building within the land under the acquisition proceeding. It is the positive case of the respondents that with the passage of time, the number of the students increased to a great extent and without the expansion of the area of the school, education to the students of the school cannot be imparted and for the accommodation purpose, the land in question is needed by the school authority. It is not disputed by the petitioners that the school has not been functioning and the number of students are not increasing. The school is imparting education to the students and rendering services to the community in general. Getting the future generation of the country trained up and imparting education to maximum number of students and children is the State policy of education. Fulfillment of social and public duty definitely gets
precedence over the individual need and the individual need requires to be sacrificed to the public need.

Mirinalendu Pal Vs. Srimati Bhagabati Pal & Ors 8 BLT(HCD)-42.

Section-3

Religious worship—the religious worship must be by the public and not be individuals—we think that the place of religious worship as mentioned in the place of public religious worship, such as, Temple or Mandir where members of the community assemble for the purpose of worship.

Mirinuleiulu Pal Vs. Srimati Bhagabati Pal & Ors 8 BLT(HCD)-42.