IMPORTANT POINT
Public land cannot be allowed to be used for private purposes.

JUDGMENT

Adarsh Kumar Goel, J.

1. Delay condoned. Heard on merits.

2. These petitions have been preferred against the Judgment and Order dated 27th September, 2013 passed in LPA No.1687 of 2013, Order dated 16th September, 2013 passed in LPA No.1618 of 2013 and Order dated 16th December, 2013 passed in RA LP No.133 of 2013 in LPA No.1618 of 2013 by the High Court of Punjab and Haryana at Chandigarh, upholding the order of the learned Single Judge, declining to interfere with the Order of the Government of Haryana dated 18th September, 1998, resuming land measuring 76 acres 5 kanals and 5 marlas, except land measuring 7 acres left to be retained by the petitioner foundation.

3. The case of the petitioner is that it gave a proposal on 1st April, 1972 to start a educational complex for the benefit of the residents of the State of Haryana. Accordingly, the State of Haryana released 76 acres of land from the Forest Department and acquired the same under the Land Acquisition Act, 1894 vide notifications dated 15th May, 1972 and 28th August, 1972 under Sections 4 and 6 respectively. Award for compensation was given on 21st February, 1973. Possession was delivered to the petitioner on 24th January, 1974 subject to certain conditions including the requirement to make construction within the specific time. Since the land was not utilized as expected, in terms of agreement dated 18th February, 1988 under which the land was given to the petitioner subject to certain conditions, the Village Panchayat sought return of the land by passing a resolution dated 20th October, 1989. On that basis, after due enquiry, resumption Order dated 18th September, 1998 came to be finally passed after various proceedings holding that the petitioner failed to comply with the conditions subject to which land was given to it. It was held that the petitioner failed to utilize the land for the purpose for which it was given, except a part of it.

4. The petitioner called in question the said order by filing a writ petition. Learned single Judge, after due consideration, did not find any merit in the contentions raised on behalf of the petitioner. It was observed :

“It is appropriate to notice that actual running of the school was the primary consideration of the State of Haryana in allotting 76 acres of land to the foundation. The petitioners have not produced any documents in regard to admission of children, the year in which the admissions were started, the classes in which the admissions were made, the number of children admitted in a particular class, the number of faculty members, their date of appointment, qualifications etc. and above all the performance of the school children in academics or extracurricular activities. It is also doubtful if the school had been affiliated with any educational board. I have no hesitation to hold that the petitioners have intentionally withheld this information as revelation thereof would completely shake their tall claim to start an educational institutions, one of the best in the area to impart quality education.

Admittedly, the petitioners did not start construction of stated third phase by the time, they filed the petition. The joint inspection was conducted in October/November 1997. A Local Commissioner was appointed by this Court in August 1999. Shri Sanjeev Sharma, Local Commissioner inspected the site in the presence of the petitioners and made a detailed report in compliance with order dated 16.08.1999. The petitioners have not challenged the correctness of this report with regard to extent of construction. The joint inspection, in no circumstances, could reveal something more than what is contained in the report of the Local Commissioner. Under these circumstances, the supply or non-supply of joint inspection report also loses its significance. In other words, no prejudice has been caused to the petitioners for want of supply of joint inspection report.

The petitioners have tried to justify their failure to complete the pr