Back
2000 Supreme(All) 1092
HIGH COURT OF ALLAHABAD
V.M.Sahai
MITHAI LAL DUBE
Versus
D M SANT RAVI DAS NAGAR
Decided On : 24 August 2000
C. M. W. P. No. 21988 of 1999
The authorities were guilty of not only passing illegal orders against the provisions of the two orders issued by the Government but they also acted against law in exceeding their jurisdiction and directing transfer of land in favour of respondent No. 3 and selecting it for open ing a private institution in Chauri. In pass ing the orders the authorities did not Act impartially and passed orders in favour of respondent No. 3 only because its manager was a Minister. Such approach is con sidered in law to be against good faith and consequently founded on extraneous reasons, therefore, ultra vires.
Headnote:
V. M. SAHAI, J. The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, District Sant Ravidasnagar (in brief Gaon Sabha ). He has filed this petition for quashing transfer of Gaon Sabha land, by the respondents, in favour of a private Samiti for opening a girls col lege under the Government scheme for encouraging education amongst girls in asevit vikas khand. The order is chal lenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure.
Fact of the Case:
The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, District Sant Ravidasnagar (in brief Gaon Sabha ). He has filed this petition for quashing transfer of Gaon Sabha land, by the respondents, in favour of a private Samiti for opening a girls col lege under the Government scheme for encouraging education amongst girls in asevit vikas khand. The order is chal lenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure.
Finding of the Court:
The entire proceedings including the orders dated 24- 7-1998,12-8-98, 9-4-99/12-4-99 and 2-9-99 and consequent proceedings relating to selection of respondent No. 3 under 1995 and 1998 Government Orders, the transfer of Gaon Sabha land in its favour and grant of sanction by State Government are quashed.
Issues: 1. Whether the SDM could exercise powers under Sections 126 and 127 of the Act directing the LMC to allot Gaon Sabha land? 2. Whether selection of respondent No. 3 was in accordance with law? 3. Whether the entire proceedings were vitiated due to pressure exercised by the Minister? 4. Whether the orders are ultra vires and the authorities passed them on extraneous considerations? 5. Whether the petitioner who is a member of Gaon Sabha had locus standi to file this petition? 6. Whether the petition is barred by alternative remedy?
Ratio Decidendi: 1. The SDM could not exercise powers under Sections 126 and 127 of the Act directing the LMC to allot Gaon Sabha land, as the power to issue direction under 1995 order was of State Government. The 1995 order is not an order issued under the Act. The order establishing a private educational institu tion is not one of the purposes of the Act, therefore, the SDM could not act as a delegate of the State Government and claim that he had passed the order for carrying out purposes of the Act. 2. The selection of respondent No. 3 was not in accordance with the Government scheme framed in 1995 or 1998. The authorities did not follow any procedure and acted in complete breach of it. 3. The entire proceedings were vitiated due to pressure exercised by the Minister. The authorities acted illegally and against the provisions of law on their own to favour respondent No. 3 because its manager was the Minister. Such approach is con sidered in law to be against good faith and consequently founded on extraneous reasons, therefore, ultra vires. 4. The orders are ultra vires and the authorities passed them on extraneous considerations. The authorities were guilty of not only passing illegal orders against the provisions of the two orders issued by the Government but they also acted against law in exceeding their jurisdiction and directing transfer of land in favour of respondent No. 3 and selecting it for open ing a private institution in Chauri. In pass ing the orders the authorities did not Act impartially and passed orders in favour of respondent No. 3 only because its manager was a Minister. 5. The petitioner who is a member of Gaon Sabha had locus standi to file this petition. The land of Gaon Samaj is public property and if the authorities for ex traneous reasons transfer it in favour of a private body then they fall to perform their statutory duty in accordance with law and their action can be challenged by any mem ber of the Gaon Sabha in public interest. 6. The petition is not barred by alternative remedy. The order passed by the SDM was not only illegal but without jurisdiction, there fore, the bar of alternative remedy did not apply.
Final Decision: The entire proceedings including the orders dated 24- 7-1998,12-8-98, 9-4-99/12-4-99 and 2-9-99 and consequent proceedings relating to selection of respondent No. 3 under 1995 and 1998 Government Orders, the transfer of Gaon Sabha land in its favour and grant of sanction by State Government are quashed.
The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, District Sant Ravidasnagar (in brief Gaon Sabha ). He has filed this petition for quashing transfer of Gaon Sabha land, by the respondents, in favour of a private Samiti for opening a girls col lege under the Government scheme for encouraging education amongst girls in asevit vikas khand. The order is chal lenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure.
2. In 1994 the Government issued an order for encouraging higher education for girls in rural areas. It permitted private bodies to open and establish colleges in such areas and if someone was willing to make land available, the Government was willing to grant rupees ten lakhs. This order is not on record. It was modified on 31-5-1995. The conditions for grant for establishing a private institution under Government Order 1995 provided that the private institution could be established only if the block was known as asevit vikas khand and there was no other private high school/college from before. Paragraph 2 of the schedule provided that the department would decide in any financial year, on availability of fund, the blocks in which private institution could be established and get its decision published in local newspapers inviting applications from willing societies. Paragraph 3 laid down the conditions to be fulfilled by any society making an application the main being that the society should be registered and it should have income to run the institution. Paragraph 4 provided the procedure for making application. Clauses (a) and (b) of the paragraph provided that the society having its own and etc. would be given preference. Paragraph 5 provided that all the applications received within time shall be placed for consideration before a com mittee presided by the District Magistrate (in brief DM), with Sub- Divisional Magistrate (in brief SDM) and District Inspector of Schools (in brief DIGS) as other
members. The committee was re quired to decide within fifteen days in the light of priorities laid down as to which society was entitled to establish the institu tion. It further provided that the commit tee, through the DIGS would forward its recommendation to the Director of Education who is his turn would forward the papers relating to transfer of land and sanction of grant with his comment to the State Government and for recognition to Secondary Education Board. Paragraph 7 of the order mentioned the facilities which the state would provide to the selected society for establishing the institution. Clause (a) of this paragraph laid down that if the selected society did not have any land of its own, the State in case of necessity would make one acre or more land of Gram Samaj available to it. Clause (b) provided that in case no land of Gram Samaj was available or it was not available at a proper place then it would be acquired for such society.
3. On 20-12-1998 another order for establishing private institutions in asevit vikas khand was issued. It superseded the earlier orders issued in 1994 and 1995 but permitted the proceedings initiated under earlier orders to continue and provided and it shall be deemed to be under 1998 order. Paragraph 3 of the order explained asevit vikas khand to mean a block where there was no private or Government high school or intermediate college. This order permitted establishing of more than one institution in a block irrespective of the fact whether the earlier institution was Govern ment or private with condition that there would not be more than two institutions in one block. Clause (d) of paragraph 8 provided that the facility of making available Gram Samaj land or for acquisition of land was being withdrawn. The society would have to arrange its own land. The amount of grant was increased to Rs. twenty lakhs.
4. In 1997, Sri Rang Nath Misra who was State Energy Mini
