S.U.Khan - (1.) -Petitioner is a recognised school. It was found to be in authorized occupation of the Gaon Sabha land comprised in Plot No. 1348 area .963 hectares. Proceedings under Section 122B of U.P.Z.A.L.R. Act in the form of Case No. 147 of 2003-04, Gaon Sabh v. Ram Kumar alias Lal Singh, were initiated Ram Kumar alias Lal Singh is Manager of Committee of Management of the petitioner school. In the notice 49Ka it was mentioned that on the land in dispute school had been established since 2002 (1409 fasli). Manager of the petitioner, i.e., Ram Kumar filed objection stating therein that school was established on the land in dispute in the year 1964 and it was recognised in the year 1973-74. Tehsildar (Judicial)/ Assistant Collector (First Class), Kanpur Nagar through order dated 27.8.2004 passed order of ejectment and recovery of damages at the rate of Rs. 161 per year. In the order no specific finding was given regarding the period of unauthorized occupation. The argument of Manager of the petitioner school to the effect that the land in dispute was being used for public purpose hence the ejectment should not be ordered was turned down by the Tehsildar on the ground that for using the land for running a school application for allotment in accordance with rules could have been filed before Gram Sabha and approval of allotment should have been obtained from competent authority. This writ petition is directed against the aforesaid order dated 27.8.2004.
(2.) AS the question involved in the petition is purely a question of law hence writ petition is being decided without calling for counter-affidavit. Heard learned counsel for the petitioner as well as learned standing counsel representing respondent Nos. 1, 2 and 3 and Sri V. K. Singh learned standing counsel representing L.M.C. There are some authorities which have laid down that in some rare cases instead of granting the relief of ejectment, award of damages may be the proper relief. In this regard reference may be made to Ram Shankar v. M.G.H.S. School, AIR 1979 All 184, which was a case where a school was found to be in unauthorized occupation of land. In the said authority it was held that instead of demolition award of damages would be proper relief. Gaon Sabha holds the land for public good. Under Rule 115M certain abadi sites vested in Gaon Sabha may be allotted for charitable purpose or for purposes of cottage industries for which allottee may be required to deposit an amount equal to 40 times of the rent of the land with the rider that no premium shall be charged in respect of site allotted for charitable purpose. Even in the impugned order of Tehsildar there is a mention that the petitioner school could get the land allotted by the Gaon Sabha.
(3.) ESTABLISHING School for imparting education also serves public purpose. In the impugned order it is not mentioned that the land was reserved for any other public purpose. It would be extremely unjust to demolish the school building standing on the land in dispute and to dispossess the school therefrom. It will not be in the public interest. In view of this I am of the opinion that it is a fit case where instead of eviction damages should be awarded. In this case on 9.11.2004 I directed learned counsel for petitioner as well as for L.M.C. to consult their client and try to arrive at some compromise figure, which should be awarded as damages.;