VILAY GYAN DHARMARTH SANSTHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Siddhartha Srivastava, learned Counsel for the Petitioners, Sri R. K. Singh learned Counsel appearing for Respondent No. 6 and learned Standing Counsel.

(2.) By this writ petition, the Petitioners have prayed for quashing the order dated 27th April, 2011 passed by the State Government rejecting the representation of the Petitioners for exempting the land of the Petitioners from acquisition.

(3.) Brief facts of the case are; the Petitioner No. 1 is a registered society under the Society Registration Act, 1860 having been registered on 7th January, 2000. Aland measuring 0.327 hectare of Plot No. 217 of village Mudia Ahmednagar, Tahsil and District Bareilly was purchased by the Petitioners by registered sale deed dated 27th January, 2000. A notification under Section 4 of the Land Acquisition Act was issued for acquisition of the land for public purpose, namely, for construction of bypass in district Bareilly. The declaration under Section 6 of the Land Acquisition Act was also issued. The Petitioners submitted representation to the Divisional Commissioner stating that on Petitioners' Plot No. 217 Vilay Dham Mandir has been constructed in which large number of devotees come, hence the said property be kept out of acquisition and that the said land be not included in the acquisition for construction of bypass. The District Magistrate issued a letter dated 2nd May, 2005 to the Petitioners in reference to its representation submitted to the Commissioner informing that notification under Section 4 of the Land Acquisition Act read with Section 17 and Section 6 have been issued hence no construction be made. The Petitioners also represented the matter to the Special Land Acquisition Officer. A letter dated 23rd March, 2005 was written by the Superintending Engineer, 28th Circle (NH) P.W.D., Bareilly to the Chief Engineer (P-2), Ministry of Shipping, Road Transport and Highways (Department of Road Transport & Highways), New Delhi regarding bottlenecks and solutions pertaining to Bareilly bypass. In the said letter the matter regarding a management institute and Vilay Dham was specifically dealt with. It was communicated by the Superintending Engineer that it shall not be easy to demolish the buildings of management institute, hence an alternative alignment for the affected length was explored and marked on the attached sheet. It was further stated in the said letter that this slight change will not result in increase of overall length of bypass. With regard to Petitioners' Vilay Dham it was communicated that after discussion it was decided that the alignment at this location should not be changed and continue as such. The Petitioners filed a writ petition being Writ Petition No. 36450 of 2006 praying for mandamus commanding the Respondents to exempt the temple "Vilay Dham' situate at Plot No. 217 from land acquisition proceedings. The writ petition was disposed of by the Division Bench vide order dated 8th December, 2010 permitting the Petitioners to file an application under Section 48 of the Land Acquisition Act for release of the land which was directed to be considered by the State Government. The Petitioners made an application to the State Government. The State Government issued notice to the Petitioners and after hearing the matter has passed the order dated 27th April, 2011 rejecting the Petitioners' application for release of the land from acquisition. This writ petition has been filed challenging the order dated 27th April, 2011.