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The gift of the land was given for a specific purpose.
The construction of school building in the name of the
donor was the sole object of the gift. There is a marked
difference between acquisition of land and the demand for
reconveyance later on account of the failure to utilise the
land for the purpose for which it was acquired and a gift of
land for a particular public purpose and claim made by the
donor for return of land on the ground that the land was
not used for the particular purpose for which it was gifted.
In case, it is a compulsory acquisition for a public purpose,
the scope of re-conveyance under Section 48-B is very
limited. The Government must be satisfied that the land
was not used for the specific purpose and it is not
necessary for any other pubic purpose. Then only, the
question of re-conveyance would arise. However, in a case
of this nature, when the purpose of gift failed to
materialise, the donor would be justified in claiming the
land back. There is no right for re-conveyance under
Section 48-B of the Land Acquisition Act, 1894. There is
only a right to consider the request for re-conveyance.
However, that is not the case in case it is a conditional gift
for construction of school building, hospial, etc., and on
account of subsequent events or efflux of time, the object
is no more in existence. In case a request is made by the
donor on account of the non-accomplishment of the
purpose for which gift of land was given, the Government
must consider such request giving due weight to the
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wishes of the donor which executing the gift deed donating
the land for the purpose indicated therein.