JUDGMENT

Sureshwar Thakur, J.

Factual Background

Some foreign national and retired Army officials constituted the petitioner-Trust, but with a holistic objective to impart education. They in association with the Gram Panchayat, Gairatpur Baas, respondent No.4, started a school for the children of nearby places. Vide resolution dated 13.6.2009, the Sarpanch of Village Gairatpur Baas proposed that the land of the village comprised in Khasra No. 110 (5 killa) acre, be nominated for the educational institution, and, the petitioner-Trust, be appointed for running the school with the precondition, that the ownership of the building constructed by the above Trust, shall remain vested with the Gram Panchayat. Again on 25.3.2013, a second resolution was passed which was duly recorded in the Panchayat proceeding book, but, with some amendments in the terms and conditions qua construction and running of the school. The important conditions read as under:-

Resolution Of The Panchayat

"XXX XXX XXX XXX

2. Ownership of land of school and building thereon shall vest with the Panchayat.

3. Over the land of school neither any commercial activity shall be done nor the same shall be used for any other purpose other than education.

4. XXX XXX XXX XXX

5. The income received by the BET shall be spent over good education, nutrition food of children and health facility shall also be provided.

6. The BET school shall be responsible for teachers, staff, security of children and building maintenance. The panchayat will provide revenue records to trust after demarcation of land so that the school would obtain recognition from Haryana Government and affiliation from C.B.S.E. or Haryana Board.

7. BET shall also provide the whole book of accounts every year to panchayat. The same shall be given on 31 October every year.

8. The sarpanch of the panchayat shall be Trustee of BET.

9. There will be seven members in the school managing committee, three shall be nominated by Gram Sabha and four shall be nominated by BET. The Chairman of the school committee shall be one of the members nominated by BET.

10. The Panchayat would undertake proceedings to obtain sanction of funds provided under the Right to Education Act, 2009 from Haryana Government and the same shall be transferred to school and for the said purpose, a separate account would be maintained according to RTE, 2009."

Action On Panchayat Resolution

2. Thereafter, the apposite resolution was forwarded to the office of Block Development and Panchayat Officer (BDPO), Sohna, District Gurgaon, who further sent it, with the following recommendations, to the Deputy Commissioner, Gurgaon on 14.3.2013:-

"1. It has been resolved by the Gram Panchayat Gairatpur Bass in its resolution No. __ dated 25th March, 2013 that a school should be established over panchayat land bearing Khasra no. 110 for the area of Gram Sabha.

2. It has also been resolved that that three acres of land should be allotted for use of school.

3. It has also been resolved that Baas Educational Trust shall be appointed for the purpose of construction, running and management of the school. The terms mentioned in the resolution are approved by the Baas Educational Trust and in accordance with the same, school would be established.

The terms in detail are mentioned in the consent letter of Baas Educational Trust, affidavit and in the resolution of the Gram Panchayat. The essential terms are as under :-

1. The name of school shall be Gairatpur Baas Panchayat School.

2. The ownership and possession of land and building constructed thereon shall be vested with