- (1.)The question involved in the writ petition is whether the Aligarh Muslim University can set up educational colleges affiliated to it in the State of West Bengal within the purview of the provisions contained in the Aligarh Muslim University Act, 1920 (hereinafter referred to as the said Act). It is averred in the writ petition that the authorities have identified surplus land of Farakka Barrage Project at Rosanpur and Ghora Pakhia Gangin under Jangipur sub-division in the district of Murshidabad for setting up of a college under the affiliation of Aligarh Muslim University. The Ministry of Water Resources conveyed their no objection for transfer of 259.75 acres of land in the aforesaid two mouzas for the purpose of setting up of the said college of Aligarh Muslim University.
(2.)Under the Right to Information Act, 2005, the petitioner came to know that the land measuring about 288.39 acres has been transferred at a shockingly low price of Rs. 8,30,644/- (Rupees eight lakh thirty thousand six hundred forty four) only. The valuation of the said land has been made at the rate prevailing in the year 1964-65, when the land was acquired in favour of Farakka Barrage Project. It was intimated by the respondent authorities that rule 279(2) of the General Financial Rule framed by the Government of India was followed in valuing the said land. According to the petitioner, the government has not acted prudently in the transaction, the same is against the public interest. It is contended that the government could not have allotted its property at a paltry sum. The distribution of largesse like allotment of land by the State agencies and/or instrumentalities should always be done in a fair and equitable manner.
(3.)Earlier, a public interest litigation was filed in the Allahabad High Court, which was dismissed on the ground that the petitioner had no locus standi to move the public interest litigation. The said order of the Allahabad High Court was questioned by filing a Special Leave Petition before the Hon'ble Supreme Court and the Apex Court allowed the Special Leave Petition and remanded the matter to the Allahabad High Court for decision on merits.