CITY MONTESSORI SCHOOL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Appellant runs an educational institution situated at 11, Station Road in the town of Lucknow. The premises belong to one Smt. Urmila Bhalla and Smt. Sheela Kapoor. It measured 23,000 sq. ft. of land. The land together with constructions thereupon measuring about 16,000 sq. ft. was given in tenancy in favour of the appellant. The rest of the area, namely, 6,000 sq. ft. was given in tenancy to Late Mr. N.K. Bhargava (predecessor- in-interest of Respondent No. 8.

(3.) Allegedly, appellant became a defaulter in payment of rent. A suit for ejectment was filed by the landladies resulting in a decree for eviction passed against it by the learned Civil Judge, Lucknow by a judgment and decree dated 9.11.1970. A first appeal and a second appeal preferred thereagainst were dismissed by orders 4.5.1971 and 13.7.1976. The school, however, sent a requisition before the State of Uttar Pradesh for acquiring the entire 23,000/- sq. ft. of land on or about 22.7.1976. A notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter for the sake of brevity called and referred to as 'the said Act') was issued pursuant thereto on or about 7.9.1976 and published in the Official Gazette on 6.10.1979. A declaration in terms of Section 6 of the Act was issued in respect of the entire land measuring 23,000 sq. ft on 6.10.1979.