- (1.) S. R Srivastava, J. The Amar Nath Ashram Trust, Mathura, a Society registered under the Societies Registration Act, 1860 made an application to the Government of Uttar Pradesh to acquire for the public purpose namely for construc tion of play-ground for students of Amar Nath Vidya, Ashram (Public School), Mathura (hereinafter referred to as the 'school') under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the Act'), the plot No. 530/1 having an area of 2. 67 acres situate in Keshopur Manoharpur, district Mathura for construc tion of play-ground for students of the School. The aforesaid plot of land was owned by Kishqri Raman Shiksha Samiti, Mathura, the respondent No. 5. In the proceed ings initiated by the State Government for the acquisition of the aforesaid plot, a notification dated 1st August, 1986 under Section 4 of the Act was published on 16-8-1986 notifying for general information that the land referred to above was required for a public purpose namely ; play-ground of students of the School.
(2.) THE aforesaid notification under Section 4 of the Land Acquisition Act was challenged by Kishori Raman Shiksha Samiti and Another. before this Court in Civil Misc. Writ Petition No. 15099 of 1986 filed on 2-9-1986. THE petitioner in this case sought for the quashing of the aforesaid notification. During the pendency of aforesaid writ petition, a notification dated 4th Sep tember, 1987, in continuation of the notification dated 1-8-1986 was published under Section 6 of the Land Acquisition Act which indicated that the Governor after considering the report made under Section 5-A of the Land Acquisition Act and the report under sub -rule (4) of Rule 4 of the Land Acquisition (Companies) Rules, 1963 and consulting the Land Acquisition Committee contemplated under Rule 3 of the said Rules and after publication of the agreement entered into between Amar Nath Ashram Trust, Mathura and Governor of Uttar Pradesh in respect of the Land indicated above was pleased to declare under Section 6 of the said Act that he was satisfied that the land mentioned in Schedule which was the plot No. 350/1 having an area of 2. 67 acres in dispute was needed for the construction of play-ground for students of the school and the Collector of Mathura was directed to take steps for the acquisition of the said land. It may be noticed here at this stage that before the issuance of the notifica tion under Section 6 of the Act, the Kishori Raman Shiksha Samiti filed another writ petition during the pendency of the Civil Misc. Writ Petition No. 15099 of 1986 when the proceedings under Section 5-A were pending and only recommendation had been made for the issuance of notification under Section 6 of the Land Acquisition Act. This Court dismissed the said writ petition observing that only recommendation had been made after disposing of the objection filed by the petitioners under Section 5-A and in the aforesaid circumstances, no interference was called for under Article 226 of the Constitution of India at that stage.
(3.) THIS order was challenged by the Kishori Raman Shiksha Samiti and Another. before the Apex Court which dismissed the special leave petition giving the oppor tunity to the petitioners to apply for the amendment of the Writ Petition No. 15099 of 1986. Thereafter the petitioners in Civil Misc. Writ Petition No. 15099 of 1986 applied for amendment in the said writ petition which was allowed on 22-4- 1991. By way of amendment, the petitioners prayed for a mandamus declaring the notification dated 1- 8-1986 and 4-9- 87 issued under Sections 4 and 6 of the Land Acquisition Act to be null and void. Before the Civil Misc. Writ Petition No. 15099 of 1986 as amended could be disposed of on merits, the State Government issued a notification on 1st, May 1992, whereunder exercising the jurisdiction envisaged under Section 48 of the Land Ac quisition Act, the Government withdrew from the acquisition of the land in dispute with result that the entire proceedings for acquisition stood dropped.;