16. Private land was acquired by the government for the establishment of a factory by a multinational corporation. Is such acquisition valid? Discuss.

Facts of the Case

  • The government acquired private land under the Land Acquisition Act, 1894.
  • The stated purpose of acquisition was to establish a factory.
  • The factory is to be set up by a multinational corporation (MNC)—a private, profit-making entity.
  • The acquisition is challenged by landowners, questioning the validity of acquisition for a private party’s benefit.

Issues in the Case

  • Whether the acquisition of private land for a multinational corporation’s factory can be classified as serving a public purpose.
  • Whether the transfer of acquired land to a private commercial entity satisfies the constitutional safeguards under Article 300A.
  • Whether the acquisition is a case of state power being misused to promote private interests.
  • Whether landowners can challenge such acquisition for lack of genuine public interest.

Principles Associated with It

  • Section 3(f) of the Land Acquisition Act, 1894 defines public purpose broadly, including industrial development, employment, and infrastructure.
  • However, the purpose must benefit the public, not just serve private commercial gain.
  • In Dev Sharan v. State of UP (2011), the Supreme Court held that acquisition for private companies lacking public purpose is unconstitutional.
  • In Sooraram Pratap Reddy v. District Collector, Ranga Reddy (2008), the Court held that acquisition for industrial development is valid if it serves larger public interest.
  • Under Article 300A, no person can be deprived of property except by authority of law and for a legitimate public purpose, with fair compensation.

Judgment

  • Acquisition of private land for a factory by a multinational corporation may be valid only if:
    • The factory is part of an approved industrial development project.
    • The project brings employment, infrastructure, and economic benefit to the local community.
    • The acquisition process follows due process, with fair compensation and transparency.
  • If the acquisition is clearly aimed at private profit, lacks public consultation, or is not backed by policy justification, courts may declare it invalid.
  • Hence, the validity depends on the intent, benefit to public, and compliance with legal safeguards.
  • If these conditions are not met, the landowners can challenge the acquisition and courts may order its quashing.

Leave a Reply

Your email address will not be published. Required fields are marked *