CITY MONTESSORI SCHOOL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution has been filed by the City Montessori School, through its founder -director Smt. Bharti Gandhi, challenging the notification issued under Section 48 of the Land Acquisition Act, 1894, denotifying the land' In question vide Government order dated 5.11.2004. The area of the land In question, which has been denotified, is 6000 sq. ft. of plot No. 11 situated at Station Road, Mohalla Chhitwapur, Lucknow.

(2.) IN brief, the necessary facts which have given rise to the issuance of the aforesaid notification, and the pleadings of the parties are being narrated as under: A land comprising 23000 sq. ft. situated at 11, Station Road, Lucknow, was acquired by the State Government vide notifications dated 7.9.1976 and 6.10.1979, issued under Sections 4 and 6 of the Land Acquisition Act, for the purpose of expansion of one of the branches of City Montessori School, running a chain of schools in different parts of the city. This land belonged to Smt. Urmila Bhalla and Smt. Sheela Kapoor but was under the possession of two tenants, N.K. Bhargava, the predecessor in interest of respondent No. 8 S.K. Bhargava and the petitioner. The area in occupation of N.K. Bhargava was approximately 6000 sq. ft lying in the front portion of the plot, whereas the remaining area of 17000 sq. ft. was in occupation of the petitioner, where it has been running one of the branches of the school since the year 1963.

(3.) THE aforesaid notifications issued under Sections 4 and 6 and consequently the acquisition was challenged by N.K. Bhargava in the High Court by filing a writ petition bearing No. 112 of 1980.