Hon’ble Devi Prasad Singh, J.—Being aggrieved with the acquisition of the land of a college namely La Martiniere College (for boys) the petitioners have preferred instant writ petition under Article 226 of the Constitution of India. Petitioner Nos. 1 and 2 are the members of Board of Governance of La Martiniere College Lucknow. Petitioner No. 3 belongs to Anglo Indian Community and is an ex student of La Martiniere College, who became the member of Board of governance of the College as the representative of Indian Army. The land belonging to La Martiniere College was bequeathed by Major General Claude Martin who died in the year 1800. The will of Major General Claude Martin was under litigation in the then Supreme Court at Fort William Calcutta (now High Court Calcutta). It is stated that the Court (supra) laid down the scheme under which La Martiniere College (for boys) should be managed by its ‘Trust’. The Board of Governance is the apex committee of the La Martiniere College which supervise and manage the affairs of the ‘Trust’. Chief Secretary of Uttar Pradesh and the Legal Remembrance of the State of Uttar Pradesh are two trustees nominated by Calcutta High Court.

2. Shri J.N.Mathur, learned Senior Counsel assisted by Shri Sanjeev Singh and others argued that the land and building of La Martiniere charities are used for the purpose of La Martiniere college since 1840 AD and for almost 143 years it has been managed as ‘minority institution’. Students passed out from the institution had occupied high post in the country. Apart from imparting education up to Class XIIth, the college has a boarding house facility for about thousand students. The college has been involved in academic functions, parades, physical culture and training, sports and scouts activities, inter-house matches, acquaties, swimming, rowing etc. The playground of the college is also used for tennis, cricket etc. La Martiniere College falls within the ‘High security zone” being near to Chief Minister and Chief Justice residence and also is ‘Heritage zone’.

3. It has been argued that La Martiniere is a minority institution belonging to Anglo Indian community hence protected by Article 30 of the Constitution of India. It is a minority institution not only on account of religion but also language i.e. English of the Christian community. Though while preferring the writ petition, the petitioner has claimed the right flowing from Constitution with regard to minority community but during the course of hearing learned Senior Counsel had not pressed the ground and assailed the notification for acquisition on other grounds.

4. A notice dated 22.1.1982 was issued under Section 28 of the U.P. Avas Vikas Parishad Adhiniyam 1965 (U.P. Act No. 1 of 1966)(in short hereinafter referred as Act). The notice reveals that U.P. Housing Development Board had drawn a plan as Martinpurwa Land Development and Housing Scheme, Lucknow and invited objection thereon. It is submitted that under Section 18 read with Section 19 of the Act different housing scheme may be launched by Housing Board but in the present case according to petitioner’s counsel a vague proposal was launched without disclosing what type of housing accommodation shall be provided. It is also submitted that Housing Board has not formulated any scheme with due notification to public but notified a ‘site plan’ of the area showing measurement and khasara number with description in map (Annexure-2). After receipt of notice on behalf of petitioner objections were filed by their Advocate on 23.2.1982 (Annexure 3 and 4) but without giving any opportunity of hearing to the petitioner in response to notice the respondents Housing Board proceeded ahead with their scheme to acquire the playground and vacant area of the college. Feeling aggrieved with the action of the respondents the petitioner has approached this Court under Article 226 of the Constitution of India for quashing of notification dated 22.1.1982 issued by