The allotment of land and delivery of possession in favor of the petitioner is a Government Grant within the meaning of the Government Grants Act, 1895. The State is not entitled to resume the land after such a long period of 39 years having allowed the petitioner to construct various buildings in the land allotted to it for running educational institutions for the benefit of the public at large.

JUDGMENT

Srinivasa Vidya Parishad, a registered society, filed this petition under Article 226 of the Constitution of India questioning the action of the respondents in not completing the process of alienation of the allotted land admeasuring Ac.63.50 cents situated in Sy.Nos.60/1 to 60/5, 61/1 to 61/7 of Pothina Mallayya Palem and Sy.No.364/1, 364/2 Madhurawada villages of Visakhapatnam Mandal and District despite delivery of possession of the said land in the year 1981 to the petitioner and the initiation of proceedings for resumption of the land from the petitioner and to declare the same as illegal, arbitrary and direct the respondents to alienate the land to the petitioner at the rate which existed at the time of allotment of the same, in terms of Rc.No.6308 of 1983 dated 19.08.1983 and so as to confer title to the land on the petitioner, to enable the petitioner to carry on its educational institutions in the site.

2. The petitioner is an educational society registered with the Registrar of Cooperative Societies vide registration No.51/1980, dated 06.03.1980 under the Societies Registration Act, 1960 with the objective of establishing and to run various educational institutions/colleges, in particular, law college/technical education etc ., and in that pursuit, it has approached the State Government to alienate land, so that it can be used for construction of buildings for housing various colleges and educational institutions, in particular law college and technical education etc.

3. The State having been impressed by the presentation of the profile by the petitioner, respondent No.2 vide proceeding in Rc.No.6308/83 dated 19.08.1983 has allotted two land parcels admeasuring Ac.32.50 cents in Pothina Mallayya Palem (Sy.Nos.60/1 to 5 and 61/1 to 7) and another extent of Ac.31.00 cents in Madhurawada village of Visakhapatnam Mandal (Sy.Nos.364/1 and 2, 365/1 to 4 and 366/1 to 3) on the specific condition that the allotment of land is for establishment of Nyaya Vidya Parishad (National Law School) and Sanketika Vidya Parishad (Engineering college) on alienation basis and called for the alienation proposals from respondent No.3. The possession of the land was delivered to the petitioner on 16.01.1981, since then the petitioner is in exclusive physical possession and enjoyment of the said land (totally admeasuring Ac.63-50 cents).

4. The allotment of land and delivery of possession in favour of the petitioner has amounted to a government grant within the meaning of the Government Grants Act, 1895. Hence, the provisions of the Transfer of Property Act, 1882 are not applicable to the said transaction. Though the respondents delivered possession of the property about 36 years ago and the petitioner has been in exclusive and continuous possession and enjoyment of the said land, the alienation process is not completed.

5. The petitioner constructed various buildings in the said land and established educational institutions/colleges in the buildings, which are as follows:

A. POTHINA MALLAYYA PALEM

1) Sanketika Vidya Parishad Engineering College

a) B. Tech, b) M. Tech, c) MBA and d) MCA

2) Sanketika Institute of Technology and Management

a) B. Tech., b) M. Tech.

3) Srinivasa Rao College of Pharmacy

a) B. Pharmacy, b) M. Pharmacy, c) Pharma. D

4) S.V.P. Industrial Training College

a) ITI

5) Sanketika Polytechnic

6) Skill Development Centre in Collaboration with ILFS (Infrastructure Leasing and Financial Services) New Delhi.

B. Madhurawada

1. N.V.P. Law College.

a) 3 years LLB, b) 5 years LLB, c) 2 years LLM

2. Srinivasa Institute of Management Studies (SIMS)

a) BBA, b) MBA, c) MCA

3. Centre for Management & Technology (CMT)

a. PGDM/MBA

4. Greendale International School.

Facilities with Sports Arena, Food Court, Football Ground, 200 Mtr Track, Volley Ball, Throw Ball, Horse Polo Club, Art Village, Basket Ball, Tennis Court, Play Pen, Galleries, Amphithea