GRAM CHETANA SAMITI Vs. STATE OF U P

JUDGEMENT

(1.) Let this matter appear again on Monday as a fresh part heard matter at the top of the group of the fresh matters.

(2.) The allegations in this public interest litigation is that 11 Bhigas of land resumed by the Government under Section 117 (6) of the U.P.Z.A & L.R. Act, 1950 is being given at a throw away price of Rs. 7,500/- annual lease rental to one Ram Bachan Yadav Mahavidyalaya which claims to be a self sustaining unaided. There are certain allegations in the petition like in paragraph 8 which are of a political nature, with which we are not concerned at all.

(3.) We are only concerned with the appropriate manner of distribution of government land. The Government is like a trustee of government property and should put such property to the best use getting the best reasonable revenue therefrom. As such if a college is to be set up, the reasonable highest lease rental should be obtained from the land in that regard. There is nothing against giving the land to a private institution, if it is appropriately assessed to be the best institution suited for furthering the cause of education in the locality. If, however, there has been no competition invited in that regard, and only one institution has been fixed upon, then and in that event, the reasons for fixing upon such institution should be transparent and manifest and those have to be available to the Court.