BRIJ NATH SARIN Vs. UTTAR PRADESH GOVERNMENT

JUDGEMENT

(1.) THIS is an application praying that a writ of mandamus or certiorari restraining the opposite party from proceeding with the acquisition of the applicant's land may be issued and the proceedings may be quashed as being 'ultra vires', without jurisdiction and an abuse of the provisions of the Land Acquisition Act.

(2.) THE dispute in the case relates to a dilapidated house (or as the opposite party alleges a vacant piece of land) bearing old assessment No. 767 and present assessment No. 802 situate in satghara Chatta Bazar, in the city of Mathura. The opposite party No. 2, the Provincial Arya pratinidhi Sabha, wanted to acquire the disputed property to commemorate the memory of swami Birja Nand, the Guru of Swami Daya Nand, the founder of the Arya Samaj, by building a library and a Yagyashala. On 4th October 1,948 a notification was issued by the Local government under Section 4, Land Acquisition Act, 1894, inviting objections under Section 5-A of the said Act. The notification mentioned the fact that the land was needed for a company and the purpose specified was for "constructing a public library and a Yagyashala by the Provincial arya Pratinidhi Sabha. " The applicant filed objections under Section 5-A, Land Acquisition Act stating that the land was not needed for any public purpose and that it was being acquired for the purpose of propaganda of Arya Samaj in a purely Sanatan Dharma locality where there were many Sanatan Dharmi temples. It appears that thereafter the Provincial Government, by a notification dated 27th April 1950, withdrew the notification which they had issued earlier under section 4, Land Acquisition Act. It stated:

(3.) IT appears that later the opposite party No. 2 through one Sri Karan Singh Chonkar, a municipal Commissioner of Mathura applied to the Government to reconsider its decision withdrawing the previous notification under Section 4. This time the purpose for which the land was sought to be acquired was restricted merely to its being utilised for the building of a public library. The use of the land for the construction of a Yagyashala, as was mentioned in the previous application, was given up. The Collector, no doubt, reported to the Government that in his opinion the acquisition was not for a public purpose but was for a sectarian purpose, namely, that of the Arya Samaj. The Government, however, seems to have reconsidered the matter and under instructions from the Government the Collector wrote to the applicant either to come to some mutual agreement with the Arya Pratinidhi Sabha within a week or ten days in connection with the sale of the land or else the Government would be compelled to restart proceedings for the acquisition of the land under the Land Acquisition Act. The applicant not having agreed to the suggestion of the Collector, the Government of Uttar Pradesh restarted acquisition proceedings and issued a fresh notification under Section 4, Land Acquisition Act on 23rd June 1951 which is published in the U. P. Gazette dated 30th June 1951. An objection was again raised by the applicant to the acquisition. It was, however, decided against him and ultimately under Section 6, Land Acquisition Act a notification was issued declaring that the land was needed for a public purpose. This was on 19th January 1952.