AMAR SINGH KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue which has to be decided by this Court in the present petition is as to whether the Indo Tibetan Border Police can permitted to retain the land which stood donated by the predecessor-in-interest of the present petitioners to it for the specific purpose of construction of a school, upon which no school has been constructed by the Indo Tibetan Border Police till date?

(2.) Brief facts necessary for the adjudication of the present petition are that vide Gift Deed (Annexure P-1), a parcel of land, details of which are mentioned therein, was gifted by Shri Kailash Chand, predecessor-in-interest of the present petitioner to the Indo Tibetan Border Police, Hindustan Tibtean Border Police, Public School, Sarahan, Tehsil Rampur. It is not in dispute that the reason as to why said land gifted to Into Tibetan Border Police was for the purpose of construction/extension of a school.

(3.) The grievance which has been raised by the petitioners by way of present writ petition is that the land which was so gifted by their predecessor-in-interest to the respondents for the purpose of construction/extension of the school in issue has not been utilized by Indo Tibetan Border Police for the said purpose. On the contrary, the land has been permitted to be encroached upon. In this background, petitioners have prayed that respondents be either directed to establish/ construct the school on the property in issue and further to take steps for the removal of the encroachment upon the said land or in the alternative, if the respondents are not in a position to construct the said school, then the land be ordered to be returned back to the legal heirs of Shri Kailash Chand.