JANKI DEVI JUNIOR HIGH SCHOOL Vs. STATE OF U P
LAWS(ALL)-2000-1-49
HIGH COURT OF ALLAHABAD
Decided on January 25,2000

JANKI DEVI JUNIOR HIGH SCHOOL Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) RAM Janam Singh, J. Smt. Janki Devi Junior High School through its Pradhanacharya Sri Kanchid Lal has filed this revision against the order dated 20-3-97 passed by learned Additional Commis sioner, Meerut.
(2.) HEARD the learned Counsel for the parties and gone through the records care fully. The land in question was reserved for play-ground by the consolidation authorities under the statement of Prin cipals. The same was being used by Smt. Janki Devi Junior High School which has been recognised by Deputy Director of Educaiion I, Meerut Region dated 16-10-94. The proceedings under Section 186 of the ZA and LR Act were also drawn on the ground that the land is noi being used for the purposes it was allotted. Bui afler due enquiry, the learned Tehsildar, was of the view that the proceedings under Section 1 S6 of the Act can be drawn in case of the land which has been reserved for agricul tural purposes but the land in question was reserved for play-ground and it was certified by the Head Master of that Junior High School I)" at it is being used for play ground. The proceedings under Section 186 of the Act were dropped. As regards the allotment the land which is reserved for a particular purpose the list in Paper 57-Ka and 57-Kha are not needed because such land can be allotted to institution only i. e. to any school for play ground to iis children. Hence the conclusion of both the Courts below that Rules 173 to 176 of the ZA Rules have not been complied with is erroneous. There is no other evidence to prove that the land is being used by Head Master of the school for his personal affairs l. e. Crusher is running on that land. Merely the statement of the Pradhan will not prove that the land in question is not being used for play-ground. The school has already been recognised by the said departmcnt and the land is ear-marked for play-ground and the conclusion of both the Courts below that the proceduie and Rules were not followed before the land was given to the school is contrary to the provisions of law. Hence revision is allowed and UK judgment and orders passed by both the Courts below are set aside. Revision allowed .;


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