- (1.) MAHENDRA Bal Vidyalaya Society is a registered body and Mahenadra Bal Vidyalaya is a recognised institution having about 500 students on its rolls. It began functioning in July 1966 and is now reputed as the Junior High School of the locality. Respondent No. 7 is the Varshini Maha Vidyalaya, Respondent No. 5 is the Varshini College Society which runs the above Vidyalaya. Respondent No. 6 namely Dina Nath is the Secretary of this Society.
(2.) BEREFT of unnecessary details, the relevant facts are that on 5-5-1966 respondent No. 5 at the instance of respondent No. 6 passed a resolution that steps be taken for acquisition of plots Nos. 2128 to 2133, 2150, 2151, 2152, 2154 and 2155 vide Annex. 'E' to the writ petition. Respdt. No. 7 deposited a sum of Rupees 66,436.00 on 10-8-1966 vide treasury challan No. 9 of that date purporting to be a deposit for the acquisition of plots proposed for the purpose of acquisition. On 3-9-1966, the Collector Aligarh respondent No. 3 published a Notification purporting to be under Section 4 of the Land Acquisition Act No. 1 of 1894 (hereinafter referred to as the Act) for acquisition of Plots Nos. 2146, 2147, 2149, 2157, 2128 to 2133, 2150, 2151, 2152, 2154 and 2155. It appears that no steps for acquisition were taken after the publication of this notification for quite a long time in spite of objections having been filed under Section 5-A of the Act. It is admitted in paragraph 5 of counter affidavit of Sri Sukhdeo Pant, Deputy Secretary to the U. P. Government in the education section of the U. P. Secretariat, Lucknow that proceedings under the Act could not proceed further since they became time-barred on 19-1-69. It appears that respondent No. 6 again approached the Government for acquiring the plots in question for the 'Varshini College'. Thereafter Notifications Nos. 650/VIII and 650 A/VIII issued on 1-1-1970 and purporting to be under Sec. 4 (1) of the Act were published in the Gazette on 17-1-1970 Vide Annexure 'I', for acquisition of plots specified in those two notifications for the Varshini College, Aligarh. Purpose indicated by the first notification was construction of building for N. C. C. parade, shooting range, play ground, stadium in addition to a hostel building of the Varshini College, Aligarh. The purpose of the second notification was for play ground for the aforesaid college. The petitioners' case is that the respondents Nos. 5, 6, and 7 did not enter into any agreement with the respondent No. 1 or 3 for acquiring the acquisition of plots on their behalf and for their benefit. Petitioners Nos. 1, 2, 3, 4, 5, 6, 8, 18, 20, 21, 24 and 41 filed objections before the District Land Acquisition Officer respondent No. 4 under Section 5 (a) of the Act. By order dated 30-11-1970, the respondent No. 4 dropped the proceedings in both the cases vide Annexure 'K'. He held as follows: "I find that the proposals for the acquisition of land are not really for a bona fide public purpose and the acquisition proceedings are unnecessary and uncalled for. I, therefore, allow the objections under Section 5-A of the Land Acquisition Act and drop the proceedings of both the cases." The petitioners' case is that this report of the District Land Acquisition Officer was accepted by the U. P. Government which is also obvious from the fact that nothing happened from 20-11-1970 to 11-1- 1973. In Para. 8 of the counter affidavit of Sri Sukhdeo Pant referred to above, it is stated as follows:- "It is true that at one stage the State Government had accepted the report of the Collector, Aligarh but on a review being made of all the relevant materials on the record and further enquiry the State Government felt satisfied that the land was in fact needed for a public purpose and that it was essential to acquire the same."
(3.) IT is submitted that the acceptance of the report for dropping the proceedings given by the Collector is admitted by Sri Sukhdeo Pant, a responsible Deputy Secretary to the U. P. Government though a plea has been taken up that the acceptance was subsequently reviewed.;