MURTIZAPUR HIGH SCHOOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has approached this Court to question the legality, correctness and propriety of the order passed by the Commissioner, Amravati Division, Amravati, whereunder the acquisition of the land in Survey No. 17/2 situated at Murtizapur came to be cancelled. The Commissioner, Amravati Division, Amravati by issuing notification dated 17-7-1986 has cancelled the Notification No. A. K. S. L. A. O. (G) WS-704/84 dated 20-2-1984 published on 1-3-1984. Petitioner also sought for a writ of mandamus, and direction to Commissioner, Amravati Division, Amravati to acquire one hectare 42 rs. of land out of Survey No. 17/2 situated at Murtizapur and to restore the same to the petitioner society. FACTUAL POSITION:---

(2.) THE petitioner society is running the Murtizapur High School at Murtizapur since 1936 in the building owned by the then Madhya Pradesh Government on the rental of Rs. 329/- per month and this school building is on the land situated at Murtizapur adjoining to the land Survey No. 17/2. The land admeasuring one hectare 42 rs in Survey No. 17/2 which is adjacent to the school building was already reserved and earmarked for extension of the school in Town Planning Plan sanctioned by the Government of Maharashtra vide Government Resolution No. TPS/2571/766/4 dated 2-7-1973, therefore, petitioner society on 11-4-1982 passed a Resolution to initiate proceedings for acquisition of the land by making application to the appropriate authority. Accordingly, petitioner approached the Collector, Akola District Akola who after receiving the clearance from the Assistant Director of Town Planning Akola to the effect that the land under reference was reserved for "extension of Murtizapur High School", issued notifications under sections 4 and 6 of the Land Acquisition Act for acquisition of the land. The notification under section 6 was published in the weekly "pragati" of Akola dated 1-3-1984.

(3.) THIS land bearing field Survey No. 17/2 situated at Murtizapur was owned and possessed by the Mahavirprasad Santlal Agarwal. However, during the pendency of the acquisition proceedings said Mahavirprasad Santlal Agarwal had illegally sold some land out of the said field Survey No. 17/2 to one Hasmukhlal-respondent No. 4. Respondent No. 4 after having purchased the land, approached the Sub-Divisional Officer, Murtizapur for conversion of land from agricultural to non-agricultural one. The Sub-Divisional Officer, Murtizapur without obtaining "no objection certificate" from the Town Planning Department and being fully aware of the fact that the said field survey has been reserved for extension of Murtizapur High School, granted the application for conversion of the land from agricultural to non-agricultural one. Respondent No. 4 intentionally converted two acres of the land into non-agricultural one out of the land reserved for the extension of Murtizapur High School. Thereafter, respondent No. 4 made out layout of 16 plots and sold most of the plots of rest of the respondents i. e. 5 to 28.