YADAVINDERA PUBLIC SCHOOL PATIALA Vs. PUNJAB STATE

JUDGEMENT

(1.) THE petitioner in this case Yadavindera Public School, Patiala , for whom land measuring 587 bighas 9 biswas was acquired by 1956, issued by the Patiala and East Punjab States Union Government under Section 4 of the Land Acquisition Act 1894, (hereinafter called the Act ). the notification under Section 6 of the Act was published in Pepsu Government Gazette dated 31st October , 1956. The award was made by respondent No. 3 on December 31, 1958, in the sum of Rs. 84, 644. 45 paise which was deposited by the petitioner. In the writ petition it was stated that the amount had been paid by the Government but at the hearing before the Motion Bench the learned counsel amount had been made by the petitioner. The learned counsel has now filed an application supported by an affidavit stating that the amount was paid by the petitioner and not by the Punjab government. The petitioner thereafter began to raise funds for the construction of the school and the improvement of the land and it is stated that Rs. 16,000/- have been spent on getting the plans prepared.

(2.) THE Punjab Government has issued a notification No. 5332-HG-68/ 27436 dated September 28, 1968, in the Punjab Government Gazette dated October 4, 1968, in the Punjab Government Gazette dated October 4, 1968, under Section 4 of the Act stating that the land specified in the notification is needed by the Punjab Government at public expense for a public purpose, namely for the setting up o f an Urban Estate in the area of Tehsil and District Patiala, under Section 17 (4) of the Act. The hearing of the objections under Section 5 (A) of the Act has also been dispensed with inpursuance of Section 17 (4) of the Act, A notification under Sections 6 and 17 (1) of the Act was published in the Punjab Government Gazette dated November 29, 1968. These notification cover the land which was acquired in 1956 for the petitioner. Notice under Section 9 of the Act was issued to the petitioner by respondent No. 2 for filing its claim to which the petitioner. Notice under Section 9 of the Act was issued to the petitioner by respondent No. 2 for filing its claim to which the petitioner submitted a reply on December 27 1968, stating that the land had been acquired for it and that the matter might be referred to the Punjab Government for reconsideration. Respondent No. 2 did not pay any heed to this request and fixed January 7, 1969, for evidence in support of the compensation to be fixed for the acquisition of the land. January 17, 1969, was fixed for pronouncement of the award. The petitioner filed the present writ petition on January 14, 1969, which was admitted on January 16, 1969, and further proceedings were stayed by the Motion Bench. The award has, therefore not been pronounced.

(3.) IN the petition it has been stated that other public schools in the country have also been constructed on equally large areas and the petitioner -school is one of the premier institutions in Northern India and requires the land acquired for its campus. 15 instances have been cited with regard to the public schools having large areas of land. The facts have not been denied by the respondents in their written statements.