JANKI DEVI MAHAVIDYALAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has moved this Court under Article 226 of the Constitution of India for the following reliefs :

(2.) The brief facts of the case as stated in the writ petition are that the premises of the petitioner were leased out to Banarsi Das Trust by President of India through the Land and Development officer on February 2, 1960 and on December 13, 1961 the said Trust entered into an agreement with Governing Body of petitioner to transfer leasehold rights granted by L & DO to Governing Body of the petitioner. The petitioner entered into agreements with the President of India for lease of 6.485 acres, 3.95 acres and 2.825 acres of land for playground, college building and hostel and staff quarters respectively. The Hon'ble Supreme Court directed Land and Development Officer on January 3, 1996 to issue notices to all 63 Institutions along the Ridge nominating them that the area occupied by these Institutions fall within the Ridge area and would have to be vacated. The said Institutions were asked to appear before Forest Settlement Officer on January 31, 1996 and the said officer on March II, 1996 made an order that the land in question had been allotted prior to August 1, 1990 and taking into account the public utility of the Institution in the realm of education, the huge financial implications involved in the acquisition and the fact that the land neither constitutes part of the Ridge, it was held that the land of the petitioner cannot be made a part of the reserved forest. The Hon'ble Supreme Court directed Mr. Kishan Mahajan, Advocate and Mr. U.S. Jolly, Commissioner L.M. to visit the Educational Institutions along the Ridge and submit report indicating the area which is necessary for future functioning of Educational Institutions and identify areas that can be reserved for future development.

(3.) The inspection report was submitted by the Committee which dealt with the case of the petitioner as follows : Janki Devi Mahavidyalaya: Shri Banarsi Das Chandiwala Seva Smarak Trust, New Delhi was allotted 13.26 acres of land by the Land & Development Office and it was leased out in 1960. Later on three separate leases/agreements for lease were executed for-