Educational institution sought settlement of adjacent lands for expansion. Court dismissed petition, holding State holds privilege to decide land utilization and petitioner has no vested right to claim settlement where priorities change or no promise was broken.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.890 of 2012
====================================================== 1. Netaji Subhash Institute Of Technology, Amhora, Bihta Police StationBihta, Patna Through The Member Secretary, Madan Mohan Singh S/O Sri Tej Narayan Singh Resident Of Amhora, Police Station-Bihta, Distt.-Patna
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna 2. The Principal Secretary, Department Of Industries, Government Of Bihar, New Secretariat, Patna 3. Bihar Industrial Area Development Authority, Udyog Bhawan Through Its Managing Director, Gandhi Maidan, Distt.-Patna 4. The Managing Director, Bihar Industrial Development Authority, Udyog Bhawan, Gandhi Maidan, Null Distt.-Patna 5. The District Magistrate, Patna
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Respondent/s : Mr. Roy Shivaji Nath Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
5 05-09-2012 Heard learned counsel for the petitioner, the Bihar Industrial Area Development Authority and for the State. The petitioner is stated to be an educational institution registered under the Societies Registration Act running inter alia courses in Business Administration, B.C.A. and B.ED. It is stated to be approved by the AICTE and the State Government. The premises of the institution are presently located in village Amhara near Bihta. It desires settlement of the adjacent lands by the authority to facilitate expansion plans of the educational institution.
Patna High Court CWJC No.890 of 2012 (5) dt.05-09-2012
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Learned counsel for the petitioner submits that they are willing to pay the market price for the lands. The expansion is an absolute imperative in the larger interest of the students of the State and that no third party rights or interests are going to be affected if the settlement is made with the petitioner.
Counsel for the authority submits that a total of 600 acres was acquired in the area. The lands of the petitioner’s institution were excluded on their request. Except for 109 acres the rest of the acquired lands have been settled. The petitioner desires additional 19 acres. The State Government has restrained the authority from making any further settlement from the remaining area as the State Government has a proposal to utilize the same for establishment of an I.T. park and Textile Industry.
In absence of any allegations that the respondents have acted contrary to any promise, settlement has been made on lesser terms with another deviating from procedures etc., the petitioner cannot claim a vested right that the lands must be settled with them alone. In what manner the acquired lands are to be utilized is first the privilege of the State Government and more a matter of policy. It is not possible for the Court to exercise its wisdom over the State Government in matters of policy especially when no arbitrariness or discrimination has been demonstrated.
Patna High Court CWJC No.890 of 2012 (5) dt.05-09-2012
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If the priorities of the State Government change tomorrow and the petitioner is still desirous of the additional lands, nothing prevents it from approaching the authority for the purpose.
The application stands disposed.
P. Kumar/-
(Navin Sinha, J)
3 issues framed by the court
Whether an educational institution can claim a vested right for settlement of adjacent lands excluded from acquisition based on its request.
Whether the State Government's change in land utilization policy from land settlement to IT park establishment is arbitrary or discriminatory.
Whether the Court can interfere with the State Government's policy decisions regarding the utilization of acquired lands.
Netaji Subhash Institute Of Technology
The State Of Bihar Through The Chief Secretary
Bihar Industrial Area Development Authority
District Magistrate, Patna
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
