RAMAKRISHNA MISSION ASHRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ application has been filed by the petitioner -Mission, namely, Ramakrishna Mission Ashram, Morabadi, Ranchi, for issuance of a writ of mandamus commanding the respondents to issue a declaration under Section 6 of the Land Acquisition Act in respect of plot No. 952 measuring about 93 decimals in Morabadi, Ranchi. The notification in respect of the plot in question was issued by the State of Bihar under Section 4 of the Land Acquisition Act on 1 -6 -1983. The grievance of the petitioner is that despite lapse of time, the respondent -State and its officers are not taking prompt steps to issue a declaration under Section 6 of the Land Acquisition Act with a view to defeat the rights of the petitioner -Ashram. The writ application has, therefore, been filed to compel the respondent -State and its officers to take prompt action and to issue a declaration under Section 6 of the Land Acquisition Act in respect of plot No. 952 which is to be acquired for the purpose of the petitioner -Ashram.

(2.) The petitioner -Ashram is a branch of Ramakrishna Mission at Balurmath in the district of Howrah, West Bengal. The Ramakrishna Mission is a society registered under the Societies Registration Act, 1860, and its object is to impart and promote the study of Vedanta and its' purpose as propounded by Sri Ramakrishna in its widest form and also to propagate religious social and educational teachings and activities for the benefit of public at large. The petitioner claims that with a view to achieve its objectives, the Mission, inter alia, establishes, maintains and carries on schools, colleges, orphanages, workshops, libraries, hospitals, dispensaries, houses for the infirm etc. and also does other work of educational and charitable character. At Morabadi, Ranchi, the Mission started an agricultural training institute, named, as Dibyayan Krishi Vigyan Kendra (hereinafter referred to as 'Dibyayan'). Dibyayan was established in the year 1969 over an area measuring about 2 acres It was set up as an agricultural training institute and according to the petitioner, large number of trainees from various parts of the country have taken advantage of their teaching programmes. The petitioner claims that in the year 1975 the then Assit. Director General of the Indian Council of Agricultural Research, Krishi Bhawan, New Delhi, informed the petitioner that it was proposing to establish Krishi Vigyan Kendras. in different parts of the country, particularly, in the backward areas and requested the petitioner to submit a proposal for running one such Krishi Vigyan Kendra under its control. The petitioner was given to understand that the financial and other incentives will be provided by the Government. Initially the petitioner -Mission was not interested in the Project, but, in view of the insistence of the Council as also recommendation by the State Government as well as - the Ranchi Agricultural University, the petitioner -Mission undertook the Project in public interest. The petitioner -Mission has been receiving grants from the Council from time to time in connection with the said Project. Similarly, the Government of India has also been supporting the activities of Dibyayan through regular annual grants since the year 1969 in the interest of scheduled castes and scheduled tribes as well as backward/weaker sections of the Society for imparting such training.

(3.) In view of the need for expansion of the Kendra, the Government of Bihar was requested to acquire land for the expansion of Dibyayan. The petitioner claims that it negotiated with some of the owners of plot No. 952 for sale of portions of plot No. 952 to it. Though some of the owners were agreeable to sell their lands to the petitioner, some others refused to sell their lands to the petitioner even though the petitioner offered alternative accommodation in the vicinity to them. In these circumstances, the petitioner applied to the Land Acquisition Collector, Ranchi, for acquisition of certain lands for expansion of Dibyayan and these lands related to Khesra Nos. 967, 968, 969, 1041 (part), 962, 961, 952 and 950. These lands were most suited for the purpose of the expansion of Dibyayan as they were adjacent lands. The matter was considered by the Land Acquisition Committee and in its meeting held on 18 -8 -1979, it resolved to approve for acquisition of an area of 5.40 acres of land at Morabadi for the purpose of Dibyayan. The Committee took its decision after considering the report of the Land Acquisition Officer. Surprisingly, however, the notification that was issued under Section 4 of the Land Acquisition Act was only in respect of 3.47 acres of land. The notification made under Section 4 of the Land Acquisition Act excluded plot Nos. 950 and 952. The petitioner objected to the exclusion of these two plots and upon enquiry it was revealed that these two plots had been excluded at the instance of the Deputy Commissioner, Ranchi. However, a notification under Section 4 was separately made and published on 1 -6 -1983 in the Ranchi Gazette in respect of plot No. 952 which is the plot in -question in the instant writ application.