UDAY MANSUCLAL vs UNION TERRITORY OF DADRA AND NAGAR HAVELI AND DAMAN AND DIU AND ORS

1. ______________________________________________________ CORAM M.S. Sonak & Jitendra Jain, JJ. Reserved on : 06 March 2025 Pronounced on : 07 March 2025 JUDGMENT : (Per M. S. Sonak, J.) 1. Heard learned counsel for the parties. 2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. Petitioner seeks the following substantive relief by instituting this Petition:- “(b) By an appropriate Writ, Order, direction of this Hon’ble Court, this Hon’ble Court be pleased to call for papers and proceedings of the alleged acquisition of the piece and parcel of land bearing No.PTS 122/171-A admeasuring 481 square meters at Jalandhar Beach, Village Diu, Tehsil and District Diu owned, possessed and occupied by the Petitioner along with the structure standing thereon and after examining the legality and propriety thereof, be pleased to quash and set aside the said alleged acquisition;” 4. Mrs Harsha Palav, learned counsel for the Petitioner, has raised the following grounds in support the challenge:- (a) There is no public purpose involved in the impugned acquisition. The existence of public purpose is a sine qua non for val