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1997 Supreme(SC) 1578

G.B.PATTANAIK, G.T.NANAVATI
Amarnath Ashram Trust Society – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Nanavati, J.-Leave granted.

Heard learned counsel for both the sides.

2. The appellant is a society registered under the Society Registration Act, 1860. It is running a public school at Mathura in the name of Amar Nath Vidya Ashram. The school is duly recognised by the Central Board of Secondary Education, New Delhi. It is challenging in this appeal the judgment and order passed by the High Court in Civil Misc. Writ Petition No. 16241 of 1992.

3. The appellant wants land adjacent to its school building for the purpose of a playground for its students. The land belongs to respondent No. 5. So it tried to obtain it from respondent No. 5 by offering a price higher than its market value but did not succeed. It, therefore, moved the State Government to acquire that land for it. The Government agreed and issued Notification under Section 4 of the Land Acquisition Act on 1.8.1986 notifying its intention to acquire that land for a public purpose namely "playground of students of Amar Nath Vidya Ashram (Public School), Mathura". Thereafter, inquiries under Section 5-A and under Rule 4 of the Land Acquisition (Company) Rules, 1963 were made. The Government also entered into an agreement










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