- (1.) In this Public Interest Litigation, the petitioner seeks relief against the reservation of Gram Sabha land in favour of a Private Educational Institution, the 5th respondent in Belapar, District Jaunpur. The land in question is comprised of Plots No. 343, 344, 157, 345 and 642.
(2.) According to the petitioner, the land in dispute is recorded in the revenue records in favour of the Gram Sabha. Though no reservation could have been made in favour of a Private Institution, an order to that effect was obtained from the Consolidation Officer. The petitioner lodged a complaint on 9th November, 2009, upon which the Consolidation Officer submitted a report. The Consolidation Officer stated in his report of the same date that the land has been reserved in favour of the Private Institution contrary to law.
(3.) A counter affidavit has been filed in this proceeding by the 5th respondent. The State Government issued a Government Order dated 31st July, 1996 providing that in a block where there is no High School & Intermediate College for girls, in such a case land belonging to the Gram Sabha may be allotted even to a Private Society for establishing a College, and if the Gram Sabha land is not available, proceedings for acquisition would be initiated. On 27th November, 1996, an order was passed by the Joint Secretary, Government of U.P. inter-alia for the purpose of directing the District Magistrate, Jaunpur to provide land for the 5th respondent alongwith various Private Institutions for establishing colleges. A consolidation proceeding was in progress at the material time and it appears that the District Magistrate directed the Consolidation Officer to take necessary action in accordance with the aforesaid Government Order. On 24th May, 1997, the Settlement Officer (Consolidation), Jaunpur granted permission for allotment of the land in favour of the college in view of the Government Order and an order was passed thereafter by the Consolidation Officer on 22nd September, 1997.;