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2022 Supreme(Online)(All) 120
ALLAHABAD HIGH COURT
, J
Sharad Kumar Dwivedi v. State of U. P.
Writ Petition | 12066 (MB) of 2021
For the Appellants/Petitioners: Sri P. V. Chaudhary, Sri K. K. Singh
For the Respondents: Sri Mohd. Arif Khan, Sri Mohd. Aslam Khan, Sri Ratnesh Chandra
Public utility lands, classified as 'Jangal Dhak,' cannot be resumed for private trusts or sold for commercial purposes, reinforcing principles against misuse of authority and the inviolable nature of public lands.
Headnote:(A) U.P. Zamindari Abolition and Land Reforms Act, 1950 - Sections 117(6) and 132 - Illegal resumption of Gram Sabha land for a private trust, which is public utility land classified as 'Jangal Dhak.' The order dated 30.01.1987 of resumption was declared void ab initio by the District Magistrate. (Paras 1, 10, 12)
(B) Public Purpose - Public lands cannot be transferred for private purposes. Charitable trusts are meant for public benefit, and any other use defeats the objective of the trust. (Paras 22, 44)
(C) Fraudulent Conduct - Trustees misused their power to transfer public utility land to private individuals for commercial gain, in contravention of established laws. (Paras 24, 50)
Facts of the case:
The petitioner challenged the resumption of public land for a trust initially created for charity, which was later sold for commercial use. Significant fraud was uncovered in the process of land transfer to relatives. (Paras 2, 5, 6)
Findings of Court:
The original resumption order is void; trustees engaged in fraudulent acts against the interests of the public. This land is to be restored to the Gram Sabha, and illegal occupants are to be evicted. (Paras 12, 60)
Issues: The court deliberated over the legality of resuming the land for a trust and the subsequent sale of this land for private purposes. (Paras 21, 39)
Ratio Decidendi: The court concluded that the resumption of public utility land to a private trust violates statutory provisions, reinforcing the principle that such land cannot be sold or exchanged for personal gain. The actions of the previous authorities were held as arbitrary and illegal. (Paras 42, 47)
Result: The writ petition was allowed, ordering eviction of illegal occupants and restoration of the land to the Gram Sabha.
| Table of Content |
|---|
| 1. writ petition against illegal land resumption (Para 1 , 2) |
| 2. details of trust creation and land history (Para 3 , 4 , 5 , 6) |
| 3. inquiry findings on land transfer legality (Para 9 , 10 , 11 , 12) |
| 4. further legal proceedings regarding land (Para 13 , 14 , 15) |
| 5. amicus curiae assertions on trust's actions (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. defense of trust's actions by opposing counsel (Para 29 , 30 , 31 , 32) |
| 7. court's findings on public utility land (Para 39 , 46 , 47 , 48 , 49 , 50) |
| 8. conclusions and orders for eviction (Para 59 , 60 , 61) |
1. The present writ petition under Art.226 of the Constitution of India has been filed against the alleged illegal, arbitrary and mala fide resumption of the Gram Sabha land comprising in Gata Nos.467, 468, 509, 554 (new Nos.842, 1034, 1039, 1040 and 1175), measuring 3 acres situated in Village Nanakganj Grant, Pargana Gopmau, Tehsil Sadar, District Hardoi for a private trust created by one Radhey Shyam Agarwal, a retired IAS officer, father of Sanjeev Agarwal, opposite party No.5, by the then District Magistrate, Hardoi vide order dated 30.1.1987. It has been prayed in the writ petition to issue a Writ of Mandamus to opposite parties - authorities to hold an independent inquiry into the matter and a direction has been sought for removal of unauthorized / illegal constructions of Maruti Car showroom of Concept Cars Limited over the said land.
2. Facts of the Case :
A private Trust namely, Gyan Yog Charitable Trust was created by late Radhey Shyam Agarwal on 10.9.1986. This Trust was said to have been created for charitable purposes. Main objects of the Trust were to provide help to poor people in education, medical relief and free accommodation and assistance to the travellers, providing food to the deserving people, advancement of Indian culture and literature, rural developmental etc. The Trust was settled with Rs.5,000/- which was the corpus of fixed property of the Trust. Radhey Shyam Agarwal became the first Managing Trustee and the Chairman of the Board of Trustees.
3. The revenue record before the consolidation operation was undertaken in the village, would suggest that in khatauni of 1333 Fasli (Year 1926) the lands of khata No.178 comprising of old plot Nos.508, 509, 567, 544/1 (new plot Nos.1034, 1035, 1039, 1040, 1175) were rerecorded as 'Jangal Dhak' in clause (5)(iii)(b)(2) of the Land Record Manual. Thus, the lands were public utility lands vested in Gaon Sabha. In 1356 Fasli (Year 1949) also the lands in the aforesaid gata numbers were recorded as 'Jangal Dhak'. The then District Magistrate, Hardoi resumed the said land for late Radhey Shyam Agarwal, a retired IAS officer purportedly in exercise of powers conferred under sub-section (6) of S.117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as U.P.ZA and LR Act) vide order dated 30.1.1987. It was said that the said order dated 30.1.1987 was passed in partial embellishment of the Government Order dated 16.6.1981. The total land resumed in the aforesaid gata numbers was 416-8 (three acres) for the Trust. The said transaction was reflected in Khata No.363 of Khatauni of 1395 Fasli. It was said that Radhey Shyam Agarwal deposited premium amount of Rs.24,000/-. After the land was transferred in the name of Radhey Shyam Agarwal, the said land was given on lease by him for annual rent of Rs.250/- in favour of Indresh Charan Das for 99 years. A school building was constructed for imparting education upto Class - VIII. It was also said that a small charitable hospital was also constructed and there was a Homeopathy Dispensary, 10 bedded Allopathy hospital which came up on the said land.
4. After death of Radhey Shyam Agarwal, vide order dated 23.10.1999, Tehsildar, Sadar, Hardoi in Case No.207 under S.34 of the Uttar Pradesh Land Revenue Act, 1901 directed substitution of name of his eldest son, Rajeev Agarwal. In the khatauni of 1412-1417 Fasli Year, name of Rajeev Aga
