Arun Mishra, J.

Petitioner Housing Co-operative Society is challenging the acquisition of petitioner's land for the purpose of 'plantation of trees', acquired for the requirement of Bhopal Memorial Hospital and Research Centre (here in after referred to as BMHRC) which is a hospital established mainly for the purpose of treatment of gas tragedy victims which took place due to release of gas from Union Carbide, Bhopal.

Notification (Annexure P-19) u/s 4 of the Land Acquisition Act, 1894 (hereinafter referred as the Act) was issued on 27-6-2002. The petitioner submitted an objection u/s 5(A) and raised several issues on 8-7-2002. The objections under section5(A) were rejected. The declaration u/s 6 was published on 23-11-2002. The purpose mentioned in the notification issued u/s 4 and declaration made u/s 6 in tree plantation for the purpose of BMHRC.

It is averred in the petition that petitioner is a registered co-operative housing society having its bye-laws (Annex. P. 2). There are 785 members of the petitioner/society. 500 of them are severely affected by Bhopal Gas Tragedy and are displaced persons belonging to the weaker section of the society. Petitioner had purchased 23.08 acres of land from Smt. Mewa Bai, Ganesh Ram and Daulat Singh vide registered sale deed (P-3) dated 27-4-2000. The name of the petitioner was mutated in Khasra (P/4). In master plan (P-5) the land in dispute is marked to be used for residential purpose. To the same effect Certificate (P-6) was issued by the Joint Director Town and Country Planning Authority on 7-7-2000. Diversion of land was allowed by the Sub Divisional Officer by order (P-7) dated 4-10-2000. Plan (P-8) of the colony was sanctioned by the Joint Director Town and Country Planning Authority on 8-12-1995. 340 plots were allotted to the members as per list (P. 9). Colonizer licence (P/10) was granted by Municipal Corporation on 23-2-2001 under the relevant Rules.

It is further averred in the writ application that Bhopal Memorial Hospital and Research Centre is an establishment of and being run by a trust. BMHRC is in possession of 80 acres of land provided by the State Government and on which the Bhopal Memorial Trust has already established the Hospital and Research Centre and an extensive vacant area is available to BMHRC. BMHRC has certain plans of expansion in future and for which purpose they are interested in getting more and more land in their possession. They have a plan for establishment of Post Graduate Teaching Institute. A meeting took place on 17-4-2001 with the State Government Official to resolve the issues of the BMHRC. Minutes (P-11) circulated vide letter dated 24th April 2001 mentions that acquisition of land is necessary for future expansion for establishment of Post Graduate Teaching Institute. Agenda (P-12) indicates that acquisition of additional strip of land 100 meters of width along with the western boundary of BMHRC was required for future expansion of Post Graduate Teaching Institute. Similar discussion is reflected from P/13 dated 15-4-2002 which mentions discussion point with the Chief Secretary, in the letter (P-14) of BMHRC dated 10-5-2002 also mentions that the land is required for future expansion of Post Graduate Teaching Institute. BMHRC wrote a letter (P/15) to the Collector in furtherance of said purpose a letter (P-16) dated 23-5-2002 was issued by the Secretary Government of M. P. Revenue, addressed to the Collector, Bhopal to take action on priority in view of the need of BMHRC. Petitioner has relied on spot inspection report (P-17) in which it is mentioned that certain portion is lying vacant within the campus of the hospital. Proceedings (P-18) of Land Acquisition Officer are collectively filed to indicate that there is no proper application of mind and need is for the future expansion and for establishment of Post Graduate Institute and not for plantation of trees.

It is averred in the petition that Collector Bhopal acting on his own accord dire