GOPINATH DEV HIGH SCHOOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner No. 1 Gopinath Dev High School, Rasulgarh was granted lease of three acres of land in plot No. G.P./1 in Drawing No. 1136 in mouza Goda Gopinath Prasad by the State Government free of premium on yearly rent of Rs. 450./ - for establishment of the High School. On 2nd of November, 1987 the lease deed was executed on behalf of the Governor. Vide impugned Order Dated 28.2.2006 the Headmaster of Gopinath Dev High School, Rasulgarh has been asked by the Land Officer, General Administration Department, Government of Orissa to surrender an area measuring Ac.0.400 from the leasehold land which has been alienated in favour of the Housing and U.D. Department for construction of 20' wide road by Bhubaneswar Municipal Corporation, Bhubaneswar for public purpose, i.e., for the use of the inhabitants of the locality to come to the main road. It has been alleged by the Petitioners that the proposed road would divide the premises of the institution into two parts.

(2.) IN the counter affidavit filed on behalf of Opposite Party No. 1 it Ws been mentioned that the institution was given three acres of land on lease but it has occupied unauthorized about Ac.5.00 land, i.e. about two acres more land than the land allotted to it. However, it is not the case of the Opposite Parties that the proposed road has been drawn from the area which is in alleged unauthorized occupation of the Petitioner. It is stated that the Opposite Parties conducted an enquiry and found that if the proposed road is constructed, only the primary school and the High School will be divided. In paragraph -3 of the additional affidavit dated 17.9.2007 filed by Opposite Party No. 1, it has been stated as under: That it is respectfully submitted that as per the direction of the Hon'ble Court dated 2.5.2007, a spot enquiry was made by the Special Secretary and Director of Estates, G.A. Department. Opinion was sought for from the School and Mass Education Department regarding this issue. During spot enquiry it is ascertained that the proposed road is the only road for the inhabitants to go to their residential building. There is no alternative for the Govt. to provide any approach road for the inhabitants.

(3.) THE plea of the Opposite Parties is that the Petitioner school is in unauthorized occupation of Ac.1.937 decimals of land and the area to be consumed for the proposed road is only Ac.0.400 decimals. Therefore, the Petitioner can opt as per their requirement for Ac.0.400 decimals of land out of the Ac.1.937 decimals of land in their unauthorized occupation.