TMI Blog2012 (10) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... the National Freedom Movement and directly associated themselves with various constructive programmes. It was decided to constitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from Ballia and eastern Uttar Pradesh with a view to perpetuate their names and strengthening the task of nation building. 3. On August 19, 1992, the then Prime Minister of India Mr. P.V. Narasimha Rao, on the occasion of Golden Jubilee Celebration of the Quit India Movement of 1942 at Ballia, had announced while addressing a meeting at Jayaprakash Nagar, the birth place of Shri Jayaprakash Narayan, that a sum of rupees one crore would be made available by the Government of India for the construction of Shaheed Smarak (Martyrs Memorial) at Ballia. The then Chief Minister of Uttar Pradesh also announced a sum of ₹ 25 lakhs for this purpose. 4. In order to ensure the establishment of Shaheed Smarak at Ballia, the Ministry of Human Resources Development nominated Shri Chandra Shekhar as the President and some freedom fighters and other including ex-officio trustees to look after various aspects of the Trust. 5. The aims and objectives declared in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as it was lying vacant. The permission for allotment of the above Government accommodation to the Trust was also accorded by the State Government. The Board of Trustees passed a resolution to establish I.T. Training Institute under the aegis of the Trust for the poor and underprivileged students. The Institute was established in the name of Dr. Ganeshi Prasad, a well known Mathematician. The Institute had been functioning from the Government accommodation and also the building constructed on the adjoining land. The building on the adjoining land is said to have been constructed under the M.P. Local Area Development Scheme for 2002-2003 and 2003-2004 and some other funds. The said Institute is authorized to run DOEACC Society's 'O' Level and 'CCC' courses conducted by the Information and Technology Ministry, Government of India. This Institute is recognized by the Government of India to teach backward and poor students under EGTS (Employment Generation Training Scheme). 9. From the communication dated June 6, 2004, sent by the Additional District Development Officer (Social Welfare) to the Managing Director, Scheduled Caste Finance and Development corporatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter nor the matter was considered by the Trust in that regard. 14. The letter dated August 30, 2009 sent by the trustees of the Trust to the District Officer/Secretary of the Trust was followed by another letter dated September 4, 2009 reiterating that the meeting of the Trust be called within two days for discussion with regard to the letter dated February 28, 2009 failing which suitable action would be taken. 15. It was then that a Writ Petition was filed by the Trust being Civil Miscellaneous Writ Petition No. 49841 of 2009 before the High Court of judicature at Allahabad. 16. In the above Writ Petition, the Trust challenged the order dated May 15, 2009 cancelling the allotment of Government accommodation in favour of the Trust. 17. Inter alia, in the Writ Petition, it was averred that the Board of Trustees had passed a resolution to establish I.T. Training Institute under the aegis of the Trust for the poor and unprivileged students and they also decided to start some recognized courses like 'O' level and 'A' level courses from DOEACC Society, New Delhi. The Institute was established in the name of a well known Mathematician Dr. Ganeshi Prasad. The T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e garb of the order dated 15th May, 2009, the authorities are also disturbing the peaceful possession of the constructions made in the adjoining land. It is not clear as to whether adjoining land is part of this accommodation or not. If the same is not part of the accommodation No. 1 and 2 then obviously under the garb of this order the authorities cannot disturb the possession of the petitioner in respect of the constructions made on the adjoining land. However, if the adjoining land on which the construction is alleged is part of the Government accommodation No.1 and 2, then the authorities are justified on their part. The Writ Petition is disposed of with the aforesaid observation. Ms. Poonam Singh, learned counsel has appeared for the respondent Nos. 1 and 2. 21. Brevity in judgment writing has not lost its virtue. All long judgments or orders are not great nor brief orders are always bad. What is required of any judicial decision is due application of mind, clarity of reasoning and focused consideration. A slipshod consideration or cryptic order or decision without due reflection on the issues raised in a matter may render such decision unsustainable. Hasty adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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