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2008 Supreme(All) 2333

TARUN AGARWALA
KISHAN EDUCATION SOCIETY (REGISTERED), MEERUT – Appellant
Versus
DISTRICT JUDGE, MEERUT – Respondent


Advocates:
Counsel :
Shashi Nandan and A.C. Srivastava for the Petitioner; R.K. Chaubey, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard Sri Shashi Nandan, the learned Senior Counsel assisted by Sri A.C. Srivastava, the learned counsel for the petitioner and Sri R.K. Chaubey, the learned Standing Counsel who was directed to assist the Court.

2. The petitioner, Kishan Education Society is a Society registered under the Societies Registration Act and, one of its object is, to establish an educational institution. For this purpose, the Society purchased 1.054 Hectares of land in plot No. 26 situated in village Jurranpur, Pargana, Tehsil and District Meerut vide a sale-deed dated 27.7.2006 for a sum of Rs. 30,32,240/-. Based on the said sale-deed, the name of the Society was mutated in the revenue records.

3. Before the project for construction of an educational institution could start on the plot in question, it is alleged that the Meerut Development Authority earmarked the said plot as a green belt in the Master Plan of 2001, which became effective from 23.10.2008 and consequently, the plot purchased by the petitioner could not be utilised to set up an educational institution.

4. In view of the aforesaid, it is alleged that the members of the Society passed a resolution dated 2









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