JUDGMENT : 1. By the impugned order dated 24.02.2022, the District Magistrate, Meerut has declined to issue no objection certificate as regards land requirements for setting up a degree college. The impugned order finds that the land belongs to the intermediate college being run by the petitioner-committee of management and was transferred to the degree college in the teeth of Section 5 of the U.P. Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 (hereinafter referred to as the 'Act', 1974). 2. Brief facts are these. The land belonging to the intermediate college run by the petitioner-committee of management was transferred to the degree college without prior approval for effecting the aforesaid transfer under Section 5 of the Act, 1974. 3. Shri Prabhakar Awasthi, learned counsel assisted by Shri Saurabh Tripathi, learned counsel for the petitioners in his usual fairness submits that the permission under Section 5 of the Act, 1974 has not been obtained. However, he contends that no permission was required since the institution is a degree college and only excess land was transferred by the intermediate college. 4. Per contra, Shri I.P.Srivastava, learned Additional Chief Standing Counsel submits that the provision is mandatory in nature and the land transfer being in the teeth of the said provision is liable to be rendered null and void. 5. The land holdings are most critical assets of educational institutions, and have a direct bearing on the quality of education imparted therein. Today land assets of educational institutions are under constant threat of alienation. The managements often cut corners to break profits and land holdings are the first casualties. Over long years dissipation of land assets of institutions has almost disappeared the playgrounds from various schools and colleges in the State of U.P. [See: M/s G.S. Convent School v. State of U.P. and 3 others reported at 2019 (11) ADJ 274 ] 6. Depletion of land assets of educational institutions causes decline in overall educational standards. The alienation of land assets belonging to the intermediate college are governed and regulated the U.P. Educational Institutions (Prevention of Dissipation of Assets) Act, 1974. The legislation seeks to check the menace of dissipation of land assets of an educational institution. The said provisions of the Act, 1974 are mandatory in nature and have to be strictly complied with. The alienation of land assets belonging to the intermediate college are governed and regulated the U.P. Educational Institutions (Prevention of Dissipation of Assets) Act, 1974. The legislation seeks to check the menace of dissipation of land assets of an educational institution. The said provisions of the Act, 1974 are mandatory in nature and have to be strictly complied with. Transfers of land and property of educational institutions made in transgression of said provisions are void ab initio. Considering the gravity of the problem the legislature may well contemplate more stringent provisions and exemplary penalties to discourage acts of dissipation of assets of educational institutions. 7. Violation of Section 5 of the Act, 1974 is established. The transfer of land of the intermediate college in favour of the degree college is vitiated and void. 8. In this wake, there is no infirmity in the impugned order dated 24.02.2022 passed by the respondent No.3-District Magistrate, Meerut. The relief sought in the writ petition is accordingly declined. 9. At this stage, Shri Prabhakar Awasthi, learned counsel assisted by Shri Saurabh Tripathi, learned counsel for the petitioners contends that the institution has ample land assets to run both the intermediate college as well as degree college. He also submits that the institution shall apply for necessary approval for transfer of the aforesaid land holdings in favour of the proposed degree college. He recasts the relief and prays that the application of the petitioners may be decided within a stipulated period of time. 10. Shri I.P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents No.1, 3, 4 and 5 does not have any serious objection to the aforesaid prayer. 11. Shri Avneesh Tripathi, learned counsel for the respondent-No.2-University submits that the institution can be granted recognition only after the all relevant eligibility criteria including the availability of no objection certificate in respect of land assets are made available. 12. In this wake, the matter is remitted to Director of Education, Lucknow to execute the following directions: 1. The petitioner-committee of management shall make a fresh application for seeking approval of transfer of land assets by the intermediate college to the degree college along with all supporting documents which shall include the existing maps of structures in the land holdings and also proposed structures for the degree college. 2. The Director of Education, Lucknow shall cause a physical inspection of the institution to be conducted. 2. The Director of Education, Lucknow shall cause a physical inspection of the institution to be conducted. The inspection shall also compare existing structures to those cited in the representation. 3. The Director of Education, Lucknow shall decide the representation for transfer the land assets in accordance with law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of representation. 4. It shall be ensured that separate playgrounds (of the prescribed dimensions) are available in both the institutions even after transfer of land. With the aforesaid directions, the writ petition is finally disposed of.