Private interest must give way to the public interest and the same should stand subordinate to public good: J&K High Court

Private interest must give way to the public interest and the same should stand subordinate to public good: J&K High Court

Hearing an appeal against the judgment of the Writ Court dated 17.08.2019, the division bench of Hon’ble Chief Justice (Acting) and Hon’ble Mr. Justice Javed Iqbal Wani vide judgment dated 28.12.2020 has held that 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 Hon’ble Court has further held that the consistent view of the constitutional courts in the matters of land acquisitions has been that the viability or feasibility in the process of acquisition does not fall with the domain of courts unless it exfacie is found to be contrary to law or is tainted with palpable malafides.