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SURESHWAR THAKUR, KULDEEP TIWARI
BAAS Educational Trust – Appellant
Versus
State of Haryana – Respondent
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:-
Construction on land designated as pond is prohibited by law, and unchallenged resolutions by local authorities supersede prior approvals.
The use of Kahcharie/Shamilat land for private schools is illegal, and amendments to education rules are prospective, requiring schools to operate on proprietary land.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
Unauthorized construction permissions obtained through fraudulent documentation are null and void, reinforcing the principle that land designated for educational purposes cannot be unlawfully convert....
Sub-section (3) of Section 30 clearly states that the Government shall, as soon as may be after the coming into force of Act 1994, transfer all institutions, schemes, buildings, other properties, ass....
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