The writ, in our opinion, was in companysonance with the order passed by the Division Bench of the High Court and expressly stated that if the appellant will proceed with the companystruction of building, it will be subject to the decision of the petition.
the High Court negatived all companytentions as to acquisition of land admeasuring 59 ares of Survey No.
187/3A was reserved for the purpose of school and open space for garden for the appellant.
Notice was issued and parties were directed to maintain status quo.
187/3A, admeasuring 30 ares of Malkapur Town, District Buldhana had lapsed.
So far as acquisition of 59 ares of land of Survey No.
for running a school by the appellant.
186/4A. The appellant also referred to a letter dated June 27, 2000 written by the President of the appellant Mandal to the Land Acquisition Officer seeking information on the file movement of the acquisition proceedings in the High Court which was replied by the Land Acquisition Officer vide his letter dated July 20, 2000 stating therein that the proceedings were stayed by the High Court in Writ Petition No.
186/4A and 187/3A as referred by the Award purported to be dated 27.2.1986 in Land Acquisition Case No.
Shortly stated, the facts leading to the institution of present appeal are that the appellant is a Society registered on June 26, 1961 under the Societies Registration Act, 1860.
Necessary proceedings were thereafter taken in accordance with law for the acquisition of land.
It is also registered as Public Trust under the Bombay Public Trusts Act, 1950 on August 17, 1962.
It approached the Government requesting for acquisition of land for school as also for garden.
By the said judgment, the High Court held that land acquisition proceedings in respect of acquisition of land bearing Survey No.
It was only for 30 ares of land of Survey No.
186 and 187 of Malkapur in Buldhana District for public purpose, viz.
Dr. Dhawan submitted that it was an interim order companymunicated by the Assistant Registrar of the High Court to the appellant.
186/4A and the petition was dismissed.
It was stated by the appellant that the respondent authorities prepared Final Development Plan of Malkapur Town under the Maharashtra Regional Town Planning and Development Act, 1966 wherein 59 ares of land of Survey No.
On July 28, 2000, the matter was placed for admission hearing.
The appellant is running a school in Buldhana.
Rule was also issued on stay.
LAQ Malkapur/4/1977 78 at Annexure L are companycerned till the decision of this petition and further to refrain them from making any companystruction on changes therein till the decision of this petition Then quoting the order of the Court, it was stated It is hereby accordingly directed that if you proceed with the companystruction of building, that will be subject to the decision of this petition.
A Resolution dated May 15, 1976 was also passed giving sanction to the Development Plan.
It had been finalized and the challenge to the said acquisition failed.
It is also clear from the decision of the High Court impugned in the present appeal that though the first respondent had challenged land acquisition proceedings for both Survey Nos.,
186/4A for school is companycerned, the question is numbermore under companytroversy.
187/3A had lapsed that the appellant Mandal is aggrieved and has challenged it by filing the present appeal.
187/3A that the Court held that though the numberification under Section 6 was published on July 2, 1986, numberaward was made within two years as required by Section 11A of the Act and the proceedings had lapsed.
It appears that a letter was written by the Under Secretary, Revenue Forest Department, Government of Maharashtra to the appellant informing it about acquisition of land of Survey Nos.
186/4A admeasuring 59 ares of land for school and ii Survey No.187/3A admeasuring 30 ares of land for garden.
186/4A and 30 ares of land of Survey No.
810 of 1986.
K. THAKKER, J. The present appeal is filed against the judgment dated March 14, 2000, of the High Court of Judicature at Bombay Nagpur Bench in Writ Petition No.
187/3A was never sent by the Land Acquisition Officer and the file which was sent related to acquisition of land bearing Survey No.
