ASHOK KUMAR SANT Vs. STATE OF U.P.

JUDGEMENT

(1.) This Public Interest Litigation has been filed by a resident of Ghaziabad for challenging the decision of the State Government dated 4.2.2011 whereby it has granted permission to the Ghaziabad Development Authority to set up a High Profile City Clup in Kavinagar Residential Scheme on Built, Operate and Transfer(hereinafter referred to as 'BOT') basis.

(2.) The controversy as has been raised by means of the present Public Interest Litigation is that an area which is earmarked for a Park and for a Community Center for the use of the common public in the master plan of Ghaziabad Development Authority cannot be permitted to be used for a high profile club. According to the petitioner, the use of the area for a high profile club by the State Government would not be in conformity with the purpose for which the land was acquired for the Ghaziabad Development Authority, namely, public purpose. The Club would be used by the affluent and the rich. The common man would be deprived of the Park and the Community Center.

(3.) A counter affidavit has been filed on behalf of the Ghaziabad Development Authority and it has been stated that in the Master Plan specifically pertaining to the Kavinagar Residential Scheme, provision was made for providing a Park over an area 8987.08 square meters, a Club house over an area of 4501.10 square meters, a Guest House over an area of 4396.60 square meters and a Community Center over an area of 4788 square meters. Ghaziabad Development Authority in its meeting held on 8.12.2007 resolved to establish a Club over an area of 18526 square meters and thereafter advertisements were published by the Ghaziabad Development Authority in Hindi News Paper, Danik Jagran on 1.2.2008 and in English newspaper, Hindustan Times on 2.2.2008. Copies of these Advertisements have been produced before this Court and are taken on record.