- (1.) Heard Sri H.R: Mishra, learned Counsel for the Petitioner, learned Standing Counsel for Respondents No. 1 to 3 and Sri Anuj Kumar, learned Counsel for Respondent No. 4, Gaon Sabha.
(2.) In this case on 3.3.2011 following order was passed: The allegation is that the two parcels of land were resolved to be allotted to the Petitioners on 15.3.1995 and the resolution of the Gaon Sabha was approved by Sub Divisional Officer/Magistrate, Hapur on 11.10.1995. The first parcel of land consisted of an area of 0.974 hectares (9740 sq. meter) of plot No. 130-M and other parcel of plot consisted of an area of 0.279 hectares of plot No. 134 Kha and area 0.733 hectares of Plot No. 133 total area 1.012 hectares (10120 square meter); and that the first parcel of land was allotted for constructing hospital and in the other parcel of land Junior High School has been constructed as it was allotted for the said purpose. The land is situate in village Habaspur Bigas, Tehsil Hapur district Ghaziabad. The Court wants to ascertain the present position of construction and working of these two institutions. Accordingly, Shri N.P. Pandey, Advocate is appointed as Commissioner who shall inspect both the institutions either in this week end or in the next week end. He must be paid Rs. 25,000/- as fees by the Petitioner and three times AC-II class train fare as train fare and other expenses. If for reaching the spot, some taxi is hired then the expenses of the same shall also be paid to the Advocate Commissioner. The payments shall be made by tomorrow. List for further argument on 17.3.2011, by which date Shri N.P. Pandey advocate will submit the report along with sketch map, giving dimensions. Learned Counsel for the Petitioners states that the hospital is under construction. No further construction shall be made after today. All construction activities shall at once be stopped until further orders of this Court. The learned Advocate Commissioner shall report about the extent of the construction i.e. area, height etc. Office is directed to supply a copy of this order free of cost to Shri S.P. Mishra, learned Standing Counsel for sending the same to the District Magistrate, Ghaziabad for stopping constructions immediately. A copy of this order shall also be supplied free of cost by the office to Shri N.P. Pandey, learned Counsel. The Advocate Commissioner shall also intimate Shri Anuj Kumar, learned Counsel for Gaon Sabha about the date of visit.
(3.) Sri N.P. Pandey, learned Counsel/Commissioner submitted the report on 18.3.2011.;