JUDGMENT

G.S. Singhvi, J.

1. Leave granted.

2. One of the questions which arises for consideration in these appeals filed against order dated 19.06.2013 passed by the Division Bench of the Calcutta High Court in A.P.O. No. 126 of 2012 in Writ Petition No. 1931/2005 and A.P.O. No. 124 of 2012 in Writ Petition No. 1634 of 2005 is whether the learned Single Judge and the Division Bench of the High Court had correctly appreciated the scope of Section 5A of the Land Acquisition Act, 1894 (for short, the Act) and rightly rejected the appellants challenge to the acquisition of land measuring 20 cottahs.

3. A portion of the land purchased by the appellant on 20.07.1964 had been leased out on 26.5.1955 to Kuldeep Harbans Singh who set up a school, i.e., Central Model School. After five years of purchasing the land, the appellants filed Title Suit No. 100/69 for eviction of Kuldeep Harbans Singh on the ground of breach of the conditions of lease. During the pendency of the suit, Kuldeep Harbans Singh constituted Guru Nanak Education Trust (for short, the trust) for running the school and management of the school was handed over to the trust.

4. The suit was decreed by District Judge, Alipore vide judgment dated 8.5.1979. First Appeal No. 14/80 filed by the trust was dismissed on 28.2.1990 for non prosecution, but the same was restored only to be dismissed on merits vide judgment dated 15.9.1997. The special leave petition filed by the trust was dismissed by this court on 6.4.1998.

5. After dismissal of the first appeal, the appellant secured possession of the property in possession of the trust but the same had to be restored in furtherance of order passed by the High Court in Writ Petition No. 4394/1987 filed by the Guardian Association. That petition was finally dismissed on 18.6.1996.

6. In the meanwhile, four members of the Managing Committee of the school filed Title Suit No. 59/1994 for grant of a declaration that the decree passed in Title Suit No. 100/1969 was legally unenforceable. We have been informed by learned counsel for the parties that the said suit is still pending.

7. Having failed to convince the High Court and this court to overturn the decree of eviction, the management of the school approached the State Government for the acquisition of 20 cottah, 6 chhatak, 23 sq. fit. of land total measuring 14,738 sq. fit. Thereupon, Joint Secretary, School Education Department, Government of West Bengal sent letter dated 12.5.2005 to the Land Acquisition Collector to proceed with the acquisition of land specified in the schedule. That letter reads as under:

Government of West Bengal

School Education Department

Secondary Branch

Bikas Bhavan, Salt Lake, Kolkata-91

..........

No. 580-SE(S)/7B-1/2005 Dated the

From: Shri S. Mahapatra 12th May, 2005

Jt. Secretary to the Govt. of West Bengal

To

The Land Acquisition Collector,

4, Bankshall Street, Kolkata-1

Sub: Proposal for acquisition of 20 Cottah 6 Chhatak 23 sq. ft. of land comprised in premises No. 220/2, AJC Boss Road, in ward no. 64 of Kolkata Municipal Corporation, P.S. Beniapukur, Kolkata-700017 under Act I of Land Acquisition Act, 1894.

Sir,

I am directed to inform you that Governor is pleased to accord approval for acquisition of the land mentioned in the schedule below for Model School, 220/2, AJC Bose Road, Kolkata-700017 since 1955, under Act I of the Land Acquisition Act, 1894.

Central Model School is a English Medium Co-educational High Secondary School running (since) 1955. It was recognized by the West Bengal Board of Secondary Education, WB in the year 1963. 450 no. of students have been reading in the school now. There is a long standing dispute over ownership of the said land. This premises was requisitioned in the year 1967 and the possession was handed over to the Secretary of the school in 1971. The order of requisition was rescinded in the same year and since then the school has been facing considerable problem of existence. Now the authority of the school has come with a proposa