E-Paper
HC stays order to dispossess Boys High School of land
THE ALLAHABAD High Court has stayed the Allahabad district magistrate?s order to dispossess the Boys? High School, Allahabad, of the land it is situated on. The district magistrate had issued the order on September 7, 2006. The DM?s order had said the school was situated on estate land.
THE ALLAHABAD High Court has stayed the Allahabad district magistrate’s order to dispossess the Boys’ High School, Allahabad, of the land it is situated on.
The district magistrate had issued the order on September 7, 2006. The DM’s order had said the school was situated on estate land.
The court restrained the respondents – the State Government, the Allahabad DM and others — from interfering with the peaceful possession of the petitioner (the BHS). Further, the court restrained the parties from creating a third party interest in the matter.
A Division Bench, comprising Justice AK Yog and Justice RK Rastogi, passed the order on a writ petition, filed by the Boys’ High School, Allahabad.
The district magistrate had said that the land on which Boys High School was situated belonged to the state. He had added this land was being used for marriages and other purposes.
The district magistrate order stated that land was given for a specific purpose, but they (BHS authorities) were using it otherwise. On this ground, the DM passed the eviction order.
Arguing on behalf of the BHS, senior advocate UN Sharma contended that the then State Government had given the land on grant for running the school without any rent.
Sharma said that all the constructions had been made after getting the map passed. The land was being used for running a school, therefore, the government had no right to get back possession of the land.
