Case: Dahyabhai Ranchhoddas Dhobi  Vs. State Of Gujarat

3) Brief facts:a) According to the appellants, they are owners of the land in question measuring 848.66 sq.m., Nandh No. 2190/P, Ward No.4 of Surat City. The State of Gujarat initiated acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") for construction of a school in the land in question under the Surat Municipal Corporation. The appellants objected to the said acquisition on the ground that:(i) this is the only land for them for carrying on the business of washermen and they are using this land for the purpose of their livelihood.(ii) There are vacant/open lands adjoining to the land in question.(iii) Within a radius of 1 km., number of schools are available particularly being run by the Surat Municipal Corporation.(iv) While acquiring the land, the respondents have not followed the provisions of Sections 4, 5, 6 and 11A of the Act.b) On the other hand, it is the stand of the State Government that:(i) the land is required for establishing a primary school by the Surat Municipal Corporation.(ii) They fully complied with the statutory notices and other requirements.(iii) The appellants did not avail the opportunity of participating in the 5A enquiry by filing objections.(iv) The declaration made under Section 6 of the Act is within time.(v) Award under Section 11A has been passed within the statutory period. Since the establishment of school is for a public purpose and in view of compliance of all the statutory formalities, there is no merit in the appeal and prayed for dismissal of the same.4) Heard Mr. Ranjit Kumar, learned senior counsel for the appellants and Mr. Prashant G. Desai, learned senior counsel for the Surat Municipal Corporation and Ms. Hemantika Wahi, learned counsel for the State of Gujarat.

Reasoning: 17) In the case on hand, it is clearly indicated in the reply affidavit filed by the Special Land Acquisition Officer that the notification under Section 6 was last published on 19.04.1990, by affixing a copy of the Notification on the notice board of the office of City Mamlatdar, Surat and also by affixing the same in ward No.4 of Surat city. Hence the period of two years stipulated in Section 11A would begin to run from 19.04.1990 and, therefore, the publication of the Award under Section 11 of the Act on 18.04.1992 was within the stipulated time limit of two years. In such circumstances, this contention also is liable to be rejected as devoid of any merit.18) Learned senior counsel for the appellants submitted that inasmuch as the respondents, by a notification, has changed the classification of the land in question and designated as "residential use" at this moment, they are not permitted to set up a school in the land in question. In the counter affidavit filed by the Director of Planning, Surat Municipal Corporation has highlighted that the land in question has been reserved for school purpose in the development plan sanctioned by the State Government under the provisions of Gujarat Town Planning and Urban Development Act, 1976. As per Section 20 of the said Act, the acquiring body, namely, Surat Municipal Corporation is required to acquire the land under the Land Acquisition Act as the impugned land is reserved for school purpose. Further, inasmuch as the land in question is kept under reservation for school in the sanctioned development plan for the State Government under Section 17 of the Gujarat Town Planning & Urban Development Act, it is the duty of the Corporation to acquire the land for implementing the provisions of the same. In view of the same, this contention is also liable to be rejected.19) Mr. Ranjit Kumar, learned senior counsel for the appellants has also submitted that in view of existence of many schools in and around the vicinity, there is no need to establish a school in the land of the appellants. In respect of the said claim, the Director of Planning, Surat Municipal Corporation, in the counter affidavit has stated that there is no municipal school near the site in question and that the schools of the Corporation which are located in Begampura, Moti Talkies, Mumbaivad, Shetranjivad, Viramgami Maholla are very far from the land under acquisition and due to increase in population in the city of Surat, they are justified in establishing a school for providing primary education to the children in the said area. In respect of `need and `necessity, it is for the Government and their authorities to take a decision considering various aspects. If such a decision is taken based on materials it is not for the Court to doubt their claim. It is also stated that the Surat Municipal Corporation is required to pay the amount of compensation to the tune of Rs.10,54,901.95 and the said amount has already been deposited with the Government Treasury on 27.05.1992. In view of the above information, the contention of learned senior counsel for the appellants is to be rejected.20) Finally, learned senior counsel for the appellants, by drawing our attention to the recent decision of this Court in Avinash Mehrotra vs. Union of India and Others, (2009) 6 SCC 398 submitted that in view of the strict conditions issued by this Court for establishing a school particularly in a crowded city, the respondents cannot fulfill those conditions and on this ground also the acquisition proceeding is liable to be dropped. It is true that in view of what had happened in Lord Krishna Middle School in Kumbakonam in the State of Tamil Nadu, this Court issued several directions and conditions, safety measures and standards for establishing a school. In our view, it is the duty of the State and their educational authorities to adhere to all those conditions before commencing a school in the land in question.