N.N.MITHAL, J. - (1.) The Zila Parishad, Ghaziabad, has come up in appeal against the order passed by the Additional District Judge, Ghaziabad, allowing the application for issue of temporary injunction by the respondent. By means of injunction, the appellant has been restrained from raising any kind of construction on the land in dispute.
(2.) The facts relevant for the purposes of the appeal are that the U. P. Board of Basic Education hereinafter referred to as the Basic Education Board constituted under S.3 of the U.P. Basic Education Act, 1972 filed a suit against the Zila Parishad, Ghaziabad and the Nagarpalika Ghaziabad for a permanent injunction on the ground that a Junior High School was situated over a piece of land near Clock Tower, Ghaziabad which was run and controlled by the plaintiff. The Junior High School was established in the year 1885 in a building constructed thereon by the District Board, Meerut. In the year 1972 necessity for additional land was felt for requirements of the school and, therefore, the Nagarpalika, Ghaziabad was approached by the District Board, Meerut for lease of its land to the Board. Consequently District Board, Meerut in 1972. (Sic) Ever since the school is being run in its building and also on the land leased out by the Nagarpalika to the plaintiff.
(3.) It may be recalled here that Ghaziabad formed part of District Meerut and later on some times in 1975 District Ghaziabad was carved out of the erstwhile Meerut District under the District Boards Act. The rural area of the district was governed by the District Boards established under the District Board Act, 1972. The District Boards were re placed by the Zila Parishads under the provisions of the Kshetra Samities and Zila Parishad Act, 1972. One of the functions of the District Boards and later on of Zila Parishads was to impart education within its jurisdiction and for the purpose to establish and run schools in rural areas of the district. The responsibility of imparting primary education which was hitherto vested with the Zila Parishad in the rural areas are with the Municipal Board for the Urban Areas and since it was found that the administration of education at the level of local bodies was not quite satisfactory, the Government took over the responsibility for imparting primary education and withdrew the same from the local bodies. For the purposes of imparting education, the Govt. constituted U. P. Board of Basic Education and the work of imparting education at the primary level was entrusted to the said Board. Since a large number of schools were being run either in the premises owned by the District Board or the Zila Parishad and in many cases such schools were being run in rented accommodations, it became necessary to safeguard the interest of the institutions so that they could continue to function in the same premises as hithertobefore. In order to achieve the aforesaid objective, S.18-A of the Act provided for creation of new rights in respect of institutions, being run in such buildings. S.18-A(1) deals with those cases in which the school was being run by the local body after taking the building or a part thereof as tenant and according to the said Sub-Section, tenancy in respect of such building stood transferred in favour of the Basic Education Board from the appointed day i.e. from 25th July, 1972. Sub-cl. (2) of S.18-A, however, deals with those cases in which the building or a part thereof belonged to the local body and was occupied by it for purposes of a basic school. In such cases, from the appointed day, the basic Education Board was deemed to have become a licensee on behalf of the local body in respect of such building or part on such terms and conditions as the State Government may determine.;