ADARSH VIDHYALAYA Vs. NAGARPANCHAYAT ZAHEERABAD

JUDGEMENT

(1.) THE petitioner is an educational institution established in the year 1974 by the Association of Grain and Seeds merchants, Zaheerabad. Initially, it was functioning in a rented building. In the year 1977, it purchased an extent of Acs. 2-00 of land vide registered document No. 808 of 77 from the then Municipality, which is now called as 'nagarpanchayat'- the first respondent herein. The adjoining land of an extent of Acs. 6-00 was being used by the school as playground and for allied purposes.

(2.) THE petitioner made repeated representations to the Municipality for transfer of Acs. 6. 00 of land. Through a resolution dated 20. 6. 1981, the Municipality resolved to allot and transfer Acs. 6-01gt. land in favour of the petitioner. This was preceded by an assurance given by the then Minister of Municipal Administration on 2. 5. 1981. The Municipality addressed a letter, dated 3. 8. 1981 to the Government in municipal Administration Department-the fourth respondent for according permission for alienation. On the directions issued by the first respondent, the matter was verified by the authorities of the Revenue department and the District Collector-the second respondent fixed the value of the land at the rate of Rs. 2,000/- per acre vide letters dated 16. 10. 1984 and 16. 1. 1985. In view of these developments, the petitioner is said to have spent considerable amount for levelling and clearing the land.

(3.) BEFORE the resolution dated 20. 6. 1981 was implemented, the Municipality passed resolution dated 2. 2. 1988 revoking its earlier resolution. The petitioner filed w. P. No. 1489 of 1988 before this Court challenging the resolution dated 2. 2. 1988. It was pleaded by the Municipality before this Court that the proposal to alienate the land in favour of the petitioner was withdrawn in view of the policy of the government indicated through proceedings, dated 19. 7. 1986 prohibiting alienation of lands by the local authorities. This Court disposed of the writ petition on 31. 7. 1992 directing the State Government itself to take a decision as regards the proposal to transfer the land in favour of the petitioner.