- (1.) The first petitioner is a public charitable trust and the second petitioner is its authorized representative. The trust was set up with the object to revive and resuscitate Vedic Science and promote its study as a primary source of knowledge, establish the correlation of Vedic Science and other branches of knowledge and with the discipline of life and to disseminate the same amongst people. Clause 3 of the Deed of Trust contains an exhaustive enumeration of the objects of the trust. The first petitioner applied on 10 June 2000 for the grant of permission for the purchase of land in excess of 12.50 acres, in public interest for the accomplishment of a proposed project which envisaged setting up educational institutions for the dissemination of Vedic knowledge, construction of residences for students and for ancillary purposes. The permission was sought in order to enable the trust to purchase land in excess of 12.50 acres, as mandated by section 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (the Act). When no action was taken, the petitioners again applied to the Commissioner, Kanpur Division, Kanpur on 21 August 2000 for the grant of permission under section 154(2) for the purchase of 725.50 acres of land spread over 21 villages on the banks of river Ganges or Kanpur Nagar. On 21 October 2000, the Commissions recommended to the State Government for the grant of permission as sought by the first petitioner. Thereafter, there was an exchange of correspondence regarding certain queries being raised with the petitioners.
(2.) On 14 December 2006, the State Government passed an order to the effect that since the petitioners had purchased land admeasuring 544 acres in excess of the prescribed limit under section 154(1) without the permission of the State Government, the land stood vested in the State under section 167 of the Act. The order was challenged in Writ - C No. 2982 of 2007 which was disposed of by a Division Bench of this Court on 11 March 2010. The Division Bench recorded the statement of the petitioners that an application would be filed under section 154(3) before the State Government which was directed to pass an appropriate order in accordance with law, after furnishing to the petitioners an opportunity of being heard.
(3.) The petitioners, thereupon, made a representation on 23 August 2010 to the Commissioner, Kanpur Division which was forwarded to the State Government on 1 September 2010. The petitioners have stated that the District Magistrate had also duly recommended to the State Government the grant of an exemption under section 154(2), and that the Tehsildar, in the course of an enquiry in April 2011, had opined that the activities proposed by the first petitioner were in the interest of the general public. A separate recommendation was made by the District Magistrate on 2 September 2011. The State Government, however, rejected the application on 25 June 2012 on the ground that the purpose for which the land was purchased, did not qualify as a public purpose.;