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Counsel for the petitioners submits that the foundation made a request to the Government of Haryana to allot land for establishment of an educational institution for imparting university education, technical, vocation, social and physical Education etc. in the year 1972. The State of Haryana acquired land measuring 76 acres 5 kanals and 5 marlas in village Bari, Tehsil Gannaur, District Sonepat, for the foundation. The foundation paid Rs.3,26,340/-, being value of the land as assessed by the Land Acquisition Collector. The possession of the land was handed over to the foundation on 24.01.1974. The State of Haryana failed to execute agreement with regard to terms and conditions of allotment of land till 26.02.1988, therefore, the petitioners were rendered helpless and could not start any activity of raising construction of building over the land or to start educational institution. The petitioners submitted building plans to the District Town Planner, Sonepat in February, 1990 and the said authority gave its response in May, 1990. The petitioners completed first phase of construction in March, 1992. Classes 11th and 12th were started from the session 1993-94. The second phase of construction was completed in May, 1997, including additional class rooms, staff room, record room, laboratory block, Principal residence, Residences for staff members, Staff quarters, Library block, Playgrounds for football and cricket etc. The respondent- State issued notice on 24.09.1997, calling upon the foundation to show cause as to why the land should not be resumed for its failure to comply with the terms and conditions of agreement dated 26.02.1988.

In reply, counsel for the petitioners contends that as the land had ditches and trenches, the foundation had to spend lot of time and money to make it fit for raising construction of school building.

I have heard counsel for the parties and perused the records. Before proceeding to adjudicate the controversy, it is appropriate to recapitulate the facts.

The foundation wrote a letter dated 01.04.1972 (Annexure P1), to the Secretary, Government of Haryana Education Department, Chandigarh, requesting for transfer of land measuring 76 acres to set up an educational complex with modern facilities by stating that the foundation has constituted a trust to finance and control the affairs of education complex. The State of Haryana acquired 76 acres 5 kanals and 5 marlas of land in village Bari, belonging to the Gram Panchayat. The possession of the land was delivered to the foundation in January, 1974. The foundation, vide letter dated 20.01.1986 (Annexure P3), requested the Director of Education Schools, Government of Haryana, Chandigarh, for execution of conveyance deed. However, an agreement was admittedly executed on 26.02.1988. In February 1990, vide letter dated 15.02.1990 (Annexure P6), the foundation submitted site plan in triplicate to the District Town Planner, Sonepat. The District Town Planner, Sonepat, vide letter dated 19th May, 1990, informed the foundation that there is no requirement to seek approval for construction of the proposed complex building. The respondent issued notice dated 24.09.1997 (Annexure P10) calling upon the petitioners to show cause as to why the remaining part of the land, other than land under school building and some adjoining land as per norms fixed by the State of Haryana for setting up of a school up to senior secondary level, may not be resumed. The petitioners submitted an interim reply on 22.10.1997 (Annexure P14) and a request was made to carry out joint inspection of the complex and to provide an opportunity of hearing before taking decision in the matter. A joint inspection was conducted in pursuance of the request of the petitioners and thereafter, the impugned order was passed resuming the land except an area measuring 7 acres underneath the building along with some additional area.

Now reverting to the controversy, as stated earlier, the foundation has raised two grievances.

The first plea is that the foundation has not been supplied copies of the documents referred to in the show cause notice dated 24.09.1997, i.e., resolution No. 1 dated 14.10.1996, passed by the Gram Panchayat of village Bari, resolution No. 4 dated 16.10.1996, passed by the Panchayat Samiti of Gannaur, District Sonepat, letter No. 1111/DRAW-2 dated 04.11.1996, vide which, these resolutions were forwarded by the Deputy Commissioner to the Director Secondary Education, Haryana and the site inspection report with regard to nature and extent of construction allegedly raised by the foundation and the report in regard to joint inspection conducted in pursuance to request of the foundation in the interim reply.

With a view to verify the correctness of the statement made by the petitioners, we deem it appropriate to appoint a Court Commissioner. Shri Sanjeev Sharma, an Advocate of this Court, has agreed to act as the Court Commissioner.
Shri Sharma says that he will inspect the site at 11.00 a.m. On 21.08.1999. Representative of the petitioners and the District Education officer, Sonepat may remain present at the site.