“It is settled law that wherever there is conflict between the private interest and the larger public interest, the later prevails over the former”, the Court said.
In case of Omesh Singh and Others v.State of J&K and Others, Jammu and Kashmir High Court emphasized private interests must give way to the public interest.
The Court also underscored that it has been the consistent view of Constitutional Courts that in matters of land acquisitions, the viability or feasibility of the process would not fall within the Court’s domain unless it is ex facie contrary to law or tainted with palpable malafides.
“It is settled law that the wherever there is conflict between the private interest and the larger public interest, the later prevails over the former. The private interest must give way to the public interest and the same should stand subordinate to public good”: the Bench of Acting Chief Justice Rajesh Bindal and Justice Javed Iqbal Wani observed.
Court also observed that less than 10 people were questioning the land acquisitions, while most landowners or residents does not have any problem.
“In such kind of a situation striking a lethal blow to the entire proceedings while invoking extraordinary writ jurisdiction had been found not to be advisable by the Apex Court,” the High Court noted.
