Public Purpose in Indian Law – Meaning, Importance, and Judicial Interpretation
The term “public purpose” is a crucial legal concept in Indian constitutional and property law, especially in the context of land acquisition by the government. Though not rigidly defined, public purpose serves as the justification for state intervention in private property rights for the greater good of society.
What is Public Purpose? – Legal Definition and Meaning
In general terms, public purpose refers to an act done by or at the instance of the government that benefits the general public or a section thereof. In India, this concept often arises in matters of land acquisition, eminent domain, and state infrastructure development.
Definition (as per the Land Acquisition Act, 2013):
Under Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), “public purpose” includes:
- Strategic purposes relating to national security
- Infrastructure projects (roads, railways, etc.)
- Housing for the poor
- Educational and health institutions
- Other projects for the benefit of the general public
Constitutional Context of Public Purpose
The right to property, once a fundamental right under Article 31 of the Constitution, was downgraded to a constitutional legal right under Article 300-A after the 44th Amendment Act, 1978.
Article 300-A states: “No person shall be deprived of his property save by authority of law.”
Thus, while the state can acquire private property, it must:
- Do so under a valid law
- Ensure fair compensation
- Establish that the acquisition is for a public purpose
Judicial Interpretation of Public Purpose
The courts have consistently emphasized that public purpose cannot be arbitrary and must stand judicial scrutiny. Some landmark cases include:
✅ State of Bihar v. Kameshwar Singh (1952)
The Supreme Court held that compulsory acquisition is valid only if it serves a legitimate public interest, not private profit.
✅ Somawanti v. State of Punjab (1963)
The court upheld that declaration of public purpose is not beyond judicial review, especially if there is malafide intention or lack of real benefit to the public.
✅ Dev Sharan v. State of Uttar Pradesh (2011)
The court quashed land acquisition where the state falsely claimed it was for industrial development, while actually handing it over to private builders.
Key Principle: Public purpose must involve real benefit to the public, not serve private interests under the disguise of development.
Examples of Public Purpose in Practice
✔️ Valid Public Purposes:
- Construction of highways, bridges, and airports
- Government hospitals and schools
- National defense and military use
- Affordable housing schemes
- Urban slum redevelopment
❌ Invalid Uses (as struck down by courts):
- Land acquired for private builders under the pretext of SEZs
- Projects where large-scale displacement occurs without public gain
- Acquisitions lacking proper rehabilitation and compensation
Key Features of Public Purpose under Land Acquisition Law (2013)
- Mandatory Social Impact Assessment (SIA)
- Prior consent of affected families (70% for PPP projects, 80% for private projects)
- Rehabilitation and Resettlement Policy
- Fair compensation based on market value
- Return of unused land to original owners if not used within 5 years
Criticism and Challenges
- Ambiguity in defining “public purpose” leads to misuse
- Political influence in determining project priorities
- Insufficient safeguards for marginalized communities
- Forced displacement without proper compensation or resettlement
