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Judgment
After the order of this Court dated 06.07.2012, meetings were convened by the Committee constituted by the State Government to resolve the
issue and dispute raised by some of the persons. The meetings were convened on 16.07.2012, 19.07.2012 and then ultimately on 29.07.2012.
However, no report has been submitted by the State Government but a second additional affidavit has been filed on behalf of the State
Government stating above facts. In the affidavit it has also been stated that the villagers claimed for return of the land and they were apprised about
the Court''s order and also about the legal position. However, in the affidavit it has been prayed that six weeks time may be granted. Learned
Advocate General submitted that there is crop sowing on the land in question here and there and some portion of the boundary wall of I.I.M. has
been broken in past but so far as property of the National Law University is concerned, for that there is no disturbance.
Learned counsel for the petitioner submitted that at present the construction of building of National Law University can be assured by the State
Government.
We are making it clear that our efforts, even after passing of the order by this Court rejecting the claim of the erstwhile land holders or their
descendants and even after rejection of their claim by the Hon''ble Supreme Court, are only on humanitarian ground so that the persons who have
been misled by some miscreants, may not suffer because of their own ignorance and this indulgence may not be treated to be a concession given
by the Court in any manner either to the said claimants or miscreants or even to the Government. Since, presently we do not have report of the
Committee, therefore, we are not making more comments.
So far as rule of law is concerned, we are making it clear that at any cost the Court will see that the Government shall maintain rule of law. We
are reminding the Government, may it be whichever Government, that the laws are framed by themselves and not by the Courts and when question
of implementation of law comes, either the miscreants start ruling or the Government officers surrender. The law cannot be stagnant and can be
amended, repealed and modified but that does not mean that without exercising those powers the officers can refuse to establish rule of law so as
to project that they framed the laws and rules and at the same time will not obey their own rules and laws as a monarch.
Learned counsel for the State Government is also directed to obtain information with respect to already incurred cost for these three projects as
well as may inform the Court the expenses which is borne by the National Law University for running their college by paying the rent and other
expenses because of not having its own building.
The State may also give the information with respect to per acre production of the crop which is average in Nagri village so as to find out what is
the position of the villagers so far it relates to their source of income and also Government may disclose whether any portion of the land is irrigated
by any well or canal or it is only rain harvesting land. Further necessary facts (tentative) will be also required from the State Government with
respect to the number of persons who were originally claimants and expansion in number in their family as on today so as to find out how the land
which was in 1958 if was sufficient for family then still is sufficient land after enlargement of families up to the year 2012 from 1958 so that all may
know that the men multiplied and land area remained same and still other picture is projected by miscreants that the villagers'' land is the only
source of livelihood. We would like to know about these facts first.
We are making it clear that after holding meeting thrice, if the Committee since has not taken any decision, the Court is free to pass appropriate
order. In view of the assurance of the learned Advocate General on behalf of the State Government that the construction of the building of the
National Law University will start, we are putting up this matter on 03.09.2012. A copy of this order be given to the learned counsel for the
petitioner as well as learned counsel for the State.