Hari Swarup, J. - (1.) These two Special Appeals have been filed against the judgment of the learned Single Judge by which he dismissed the Writ Petitions filed by Gaon Sabha, Bhagwanpur. The petitions had been filed challenging two orders issued by the Requisitioning authority appointed under the provisions of the Rural Development (Requisitioning of Land) Act, 1948 directing the land included in either of the two orders to be delivered to the Manager, D.A.V. Higher Secondary School, Bhagwanpur. The order was passed under section 3 of the Act. As the two writ petitions were decided by a common judgment by the learned Single Judge we also decide these two appeals by this judgment.
(2.) The Dayanand Anglo Vedic Higher Secondary School situate in village Roorkee made two applications before the Block Development Officer, Bhagwanpur for requisitioning the plots in question. These applications were made under Section 6 of the Act. One application related to on plot No. 185. The School needed this plot for establishing a demonstrational farm. The school imparts education in agriculture and needed the land for the purpose of establishing an instructional and demonstrational agriculture. The other application related to 13 plots. They constituted a big tank and the tank was claimed by the School for the purpose of establishing a demonstrational farm of pisciculture. Both these applications were forwarded by the Block Development Officer to the Requisitioning authority for necessary action.
(3.) The Requisitioning Authority instead of dealing with the application under Section 6 of the Act proceeded under Section 3 of the Act. Notices were issued under Section 3 to the Gaon Sabha and after hearing objections, the impugned orders were passed requisitioning the land claimed by the school through the two applications. Dissatisfied with the order the Gaon Sabha filed two writ petitions in this Court. They have given rise to the two appeals before us.;