By the Court.—These proceedings have been instituted in the public interest by three residents of Jhangirabad in the district of Bulandshahar. There is a land bearing Khasra Nos. 2427, 2430 and 2432, admeasuring 32 Bighas. The land was acquired in 1907 for the purposes of a school. The property register card (annexed at Annexure CA-2 of the Counter filed by the Zila Panchayat, Bulandshahar) clearly reflects that the land was acquired on 17 January 1907 against the payment of compensation “for school purposes”. A primary school has been constructed and is in existence on the land for well over a hundred years. Initially, an advertisement was published on 25 January 2013 by the Zila Panchayat for auctioning the standing trees situated inside the school campus. The headmaster of the school filed an objection following which a report was called from the Education department. The Block Education Officer, Jhangirabad in his report dated 9 February 2013 stated that the land of the school was not vested in the Zila Panchayat. The cause of action which led to the filing of the writ petition was that the Zila Panchayat, Bulandshahar moved the State Government and obtained its permission on 27 January 2014 for the construction of thirty shops on the land. The permission of the State was granted on the basis of a Government Order dated 27 December 1997. In these proceedings which have been instituted in the form of a PIL, the petitioners have called into question the legality of the permission granted on 27 January 2014 by the Special Secretary to the State Government and have sought consequential directions for immediate action to protect the land where the school is situated.

2. Having due regard to the importance of the issue which has been raised in these proceedings, this Court had furnished an opportunity to the respondents to file their counter-affidavits. For the purposes of these proceedings and having due regard to the parameters of the jurisdiction under Article 226 of the Constitution, it would not be appropriate for this Court to enter upon any disputed question of fact or title and we shall proceed on the basis of the admitted facts as they stand, and determine whether the permission which has been granted is lawful.

3. The U.P. Basic Education Act 1972 was enacted to provide for establishment of a Board for Basic Education and for matters connected therewith. The Statement of objects and reasons indicate that the responsibility for primary education had thus far rested with the Zila Parishads in rural areas and with Municipal Boards and Mahapalikas in urban areas. The administration of education at the basic level by local bodies was not satisfactory, and was deteriorating. Hence, the legislation was enacted to reorganize, reform and expand elementary education. Consequently, the State Government decided to transfer the control of primary education from local bodies to the Board of Basic Education and it is in furtherance of that object that the legislation was enacted.

4. Section 9-A which was inserted by U.P. Act No. 18 of 2000 with effect from 21 June 1999 deals with control of teachers and properties of basic schools. Sub-section (1) of Section 9-A provides that notwithstanding anything contained to the contrary in any other provisions of this Act, on and from the date of commencement of the Uttar Pradesh Basic Education (Amendment) Act, 2000,—

“(a) every teacher of the basic school serving under the Board immediately before such commencement shall be under the administrative control of the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school, is situated;

(b) all buildings, properties and assets of the Board in respect of a basic school shall stand transferred to, and vest in, the Gram Panchayat or the Municipality, as the case may be, within whose territorial limits the basic school is situated.

(c) where any building or part thereof is occupied by a tenant b