Lok Sewa Shikshan Mandal vs A.R. Mundhada Charitable Trust & Ors

The present appeal is filed against the judgment dated March 14, 2000, of the High Court of Judicature at Bombay (Nagpur Bench) in Writ Petition No. 810 of 1986. By the said judgment, the High Court held that land acquisition proceedings in respect of acquisition of land bearing Survey No. 187/3A, admeasuring 30 ares of Malkapur Town, District Buldhana had lapsed. Shortly stated, the facts leading to the institution of present appeal are that the appellant is a 'Society' registered on June 26, 1961 under the Societies Registration Act, 1860. It is also registered as 'Public Trust' under the Bombay Public Trusts Act, 1950 on August 17, 1962. The appellant is running a school in Buldhana. It approached the Government requesting for acquisition of land for school as also for garden. It appears that a letter was written by the Under Secretary, Revenue & Forest Department, Government of Maharashtra to the appellant informing it about acquisition of land of Survey Nos. 186 and 187 of Malkapur in Buldhana District for public purpose, viz. for running a school by the appellant. It was stated by the appellant that the respondent authorities prepared Final Development Plan of Malkapur Town under the Maharashtra Regional Town Planning and Development Act, 1966 wherein 59 ares of land of Survey No. 186/4A and 30 ares of land of Survey No. 187/3A was reserved for the purpose of school and open space for garden for the appellant. A Resolution dated May 15, 1976 was also passed giving sanction to the Development Plan. Necessary proceedings were thereafter taken in accordance with law for the acquisition of land. So far as acquisition of 59 ares of land of Survey No. 186/4A for school is concerned, the question is no more under controversy. It had been finalized and the challenge to the said acquisition failed. The High Court in the impugned judgment has observed that in its opinion, "no fault can be found with the award of the Land Acquisition Officer in relation to 59 ares of land." To that extent, therefore, the petition filed by the first respondent herein (original petitioner) came to be dismissed. With regard to 30 ares of land of Survey No. 187/3A earmarked for garden for the school, the contention of the first respondent original petitioner was that the award had not been passed in accordance with the provisions of Section 11A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') and the proceedings lapsed. The said contention was upheld by the High Court and it was ruled that after the final notification under Section 6 of the Act, award ought to have been made within a stipulated period of two years as required by Section 11A which was not done and hence the proceedings lapsed. The judgment of the High Court to the extent to which it held that the proceedings in respect of 30 ares of land of Survey No. 187/3A had lapsed that the appellant-Mandal is aggrieved and has challenged it by filing the present appeal.

On July 28, 2000, the matter was placed for admission-hearing. Notice was issued and parties were directed to maintain status quo. On November 20, 2000, leave was granted and interim relief was ordered to continue. The matter has now been placed for final hearing.

Upon reading the writ also, there is no doubt in our minds that the above communication by the Registry of the High Court did not state that acquisition proceedings were stayed by the Court. The writ, in our opinion, was in consonance with the order passed by the Division Bench of the High Court and expressly stated that if the appellant will proceed with the construction of building, it will be subject to the decision of the petition. The above communication thus does not take the case of the appellant anywhere.

For the foregoing reasons, we see no infirmity in the order of the High Court. The appeal deserves to be dismissed and is accordingly dismissed, however, without any order as to costs.