Rajiv Sharma, J.

1. The petitioner is a permanent resident of Amrit Saria Farm, Manpur Ojha, Bilaspur. He is a social activist. He had served as Block Pramukh for five years. He has filed present petition in pro bono publico seeking to preserve, protect, improve and restore the original form of Sampurnanand Shivir (Central Jail) situated in Sitarganj, District Udham Singh Nagar. The prison provides the prisoners’ opportunities of employment, living a life in the open air, restore their dignity and develop self reliance, self confidence and social responsibility for rehabilitation of the convict in the society. According to him, a major chunk of land belonging to Central Jail has already been acquired by the State Government and distributed to some individuals and remaining land has been distributed to Government undertakings. According to the record, in the Sampurnanand Shivir (Central Jail), Sitarganj, as many as 14911 prisoners were shifted till April, 2005. Out of which, 14281 were released after completion of the period of imprisonment. The prisoners were found with improved humanitarian attitude and they were also skilled and self defendant. The facilities available in the Shivir are – (a) one day remission, (b) staying with family for a short time and (c) home leave.

2. Earlier, the jail was having a large chunk of land measuring about 5965 acre, having a diameter of about 25 Kms. 235 acre of land was covered by the forest and by the efflux of time, area of Shivir was reduced to only 640 acre. As per details supplied to the petitioner under Right to Information Act, State Government had already transferred 5325.92 acres land, out of total 5965 acres. According to the petitioner, State Government is making undue inference in day-to-day functioning of the Sampurnanand Shivir (Central Jail). The very purpose for establishing the open jail is going to be frustrated as State Government is distributing the lands to some individuals and government undertaking, company etc.

3. According to information placed on record, only 130 acres land is suitable for agriculture and remaining 510 acres land is occupied by the rivers, drainages, residential houses, road, bushes, trees etc. Petitioner has also placed on record the photographs. According to the visual impression of the photographs, the condition of the building is dilapidated.

4. The petitioner has prayed for the following relief :-

1. A writ, order, or direction in the nature of mandamus commanding the Respondents to preserve, protect, improve and restore the original form of Sampurnanand Shivir (Central Jail) situated in Sitarganj of District Udham Singh Nagar.

2. A writ, order or direction in the nature of mandamus commanding the Respondents not to transfer the land of Sampurnanand Shivir (Central Jail) situated in Sitarganj of District Udham Singh Nagar to any other departments, companies or individuals etc. and to ensure that the noble object of establishing the Shivir is achieved.

3. A writ, order or direction in the nature of mandamus commanding the Respondents not to curtail the facilities being provided to the prisoners of Sampurnanand Shivir (Central Jail) situated in Sitarganj who are detailed under reformative scheme.

4. Any other order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

5. Award cost of the petition to the present petitioner.

5. Inspite of opportunities given to the State, the counter affidavit has not been filed.

6. According to the notification issued by State of U.P., the jail manual of Uttar Pradesh was to be followed with certain modifications for Central Jail, Sitarganj. State Government has not filed any affidavit even in compliance of order dated 11.07.2016.

7. The Sampurnanand Shivir (Central Jail) was established on 16.02.1960. The total land of Sampurnanand Shivir (Central Jail