B.P. Singh, J. - (1.) These three appeals have been preferred by the, the U.P. Parents Association and others, State of Uttar Pradesh and by the Management of the City Montessori School, Lucknow impugning the judgment and order of the High Court of Allahabad, Lucknow Bench dated 26th May, 1998 in Writ Petition No. 112(MB) of 1980 whereby the acquisition in question relating to land measuring about 23,000 sq.ft. was quashed by the High Court.
(2.) The facts of the case are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued by the State Government proposing to acquire the land in question for the benefit of the City Montessori School. The said notification was followed by a notification under Section 6 of the Act. The notifications were challenged on the ground that the acquisition should not be made in favour of and for the benefit of a private school, and in any event, the procedure under Chapter VII of the Act ought to be followed. It was stated that the writ petition had been filed by Shri S.K. Bhargava, alleged tenant of a portion of the land in question to circumvent the decree of eviction passed against the school which was the tenant of the entire land. The aforesaid contentions of the respondents herein were upheld by the High Court and the acquisition was quashed. Against the impugned order of the High Court, these three appeals have been preferred.
(3.) While these appeals were pending in this Court, the Government proposed to act under Section 48 of the Act and to de-notify the land from acquisition. This Court granted time to the State of Uttar Pradesh to do so by its order dated 21st September, 2004, which reads as follows: "It was stated to us that the State Government was proposing to de-notify the area occupied by the Respondents from out of the total land acquired. Even though decision has been taken, till date the de-notification has not taken place. We grant one final opportunity and adjourn these Appeals for three months to enable the Government to de-notify the area occupied by the Respondents. In the event if it is not de-notified by the next date, the Chief Secretary to remain present in this Court personally." Thereafter, the State of Uttar Pradesh has issued notification dated 5th November, 2004 and has sought to de-notify the land in question measuring 6000 sq.ft. in exercise of power conferred under Section 48(1) of the Land Acquisition Act, 1894 as amended in 1984.;