ST. JOSEPHS SOCIETY OF MADURAI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE endorsement of respondent No.2 - Tahsildar, Bangalore East Taluk, Bangalore, dated 19/10/2013 (Annexure "E") is assailed in this writ petition and a direction is sought against the respondents to re -enter the name of the petitioner in the revenue records in respect of the land bearing Sy. No. 96/1, measuring 1 Acre at Chellikere village, Bangalore Ease Taluk, Bangalore District, (herein after called land in question).

(2.) THE petitioner is stated to be a Society and owner of the aforesaid land having acquired it by a registered sale deed dated 08/04/1975. The petitioner is stated to be engaged in educational activity. On purchase of the aforesaid land, it was converted for non -agricultural use by order dated 04/04/1982. When the matter stood thus, preliminary notification was issued under Section 17 of the Bangalore Development Authority Act, 1976 dated 21/03/1977 by the State Government, proposing to acquire the land in question amongst the other lands for the purpose of formation of Hennur Road and Banaswadi Road Layout and the same was gazetted on C5/05/1977 Final notification was issued under Section 19 of the aforesaid Act, which was gazetted on 12/06/1980.

(3.) WHEN the matter stood thus, the Hon'ble Supreme Court in the case of The Society of St. Joseph's College v. Union of India and Ors. [AIR (2002) 1 SCC 273], interpreted Clause (1A) of Article 30 of the Constitution and held that compulsory acquisition of the property of minority educational institutions must ensure that the rights guaranteed under Article 30 of Constitution are not violated. The Hon'ble Supreme Court also opined that it was for the Parliament or the State Legislature to make such a law. Thereafter, petitioner preferred W.P.Nos.25708 -709/2009 assailing certain Sections of the Land Acquisition Act as well as the Bangalore Development Authority Act, 1976, as being ultra vires, the Constitution and the fundamental rights guaranteed to the petition under Article 14 and 26 of the Constitution. The writ petition was disposed of on 14/09/2012 by declaring that the acquisition of land in question insofar as the petitioner was concerned had lapsed. The order of the learned Single Judge was based on the ratio and observations made by the Hon'ble Supreme Court in the case of The Society of St. Joseph's College, thereafter, petitioner made a representation to the first and second respondent, for restoration of its name in the revenue records including the RTCs in respect of the land in question.