Court No. - 37
Case :- WRIT - C No. - 632 of 2019
Petitioner :- Jan Kalyan Purv Madhayamik Vidyalaya
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rajesh Kumar
Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Siddhartha Varma,J.
The petitioner which is an institution alleges that there was an allotment over the plot in question and he was aggrieved by the fact that in the garb of correction of record the allotment had been cancelled.
Learned Standing Counsel has relied upon the judgment in the case of Hina Siksha Niketan Shri Syed Asghar Hussain Uchchtar Madhyamic Vidyalaya Vs. State of Uttar Pradesh reported in RD 2003 (95) 251 and has submitted that an allotment which could not have been made was a void allotment. He submits that under section 195 of the U.P.Z.A. and L.R. Act no land could be allotted to a school.
Learned counsel for the petitioner has however in is reply relied upon the judgment in the case of Jagpal Singh & Others Vs. State of Punjab & Others reported in 2011 (113) RD 329. and has submitted that an institution which had been constructed over the Gaon Sabha land and had been in existence for a very long time should not be removed. He also submits that if a construction was irregular should regularised. In this context, learned counsel relied upon paragraph 22 of the judgment of Jagpal Singh (supra). Since the learned counsel read out para 22 the same is being reproduced here as under:-
''22. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.''
Under such circumstances, the District Magistrate shall now refer the matter with regard to the petitioner's institution to the State Government which shall in pursuance of the judgment in the case of Jagpal Singh (Supra) decide as to why the construction of the petitioner's educational institution should not be regularised. This exercise shall be completed by the District Magistrate within three months from the date of presentation of a certified copy of this order.
Till orders are passed by the State Government, status quo as of today shall be maintained.
The writ petition is disposed of.
Order Date :- 22.1.2019
Mohit Kushwaha