UNION OF INDIA Vs. JAIN SABHA NEW DELHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred by the Union of India through the secretary, Ministry of Urban Development and the Land and Development Officer, Ministry of Urban Development against the judgment of the Delhi High court allowing the writ petition filed by the respondents with certain directions. The first respondent is Jain Sabha, New Delhi (Sabha) and the second respondent is the President of the first respondent Sabha.

(3.) The Sabha applied to the Land and Development Officer (Landdo) for allotment of a plot of land for locating the school being run by them. The Landdo allotted in 1963, a plot of land admeasuring 1.363 acres @ Rs. 5,000. 00. per acre plus the annual ground rent of five per cent thereon. The allotment could not, however, be given effect to. The Sabha was representing repeatedly for allotment of the land. In 1967, another letter of allotment was issued stipulating the very same rate. As required by the said letter, the Sabha deposited an amount of Rs. 7,185. 00 on 8/7/1967. The physical possession of the land could not, however, be delivered to the Sabha on account of existence of certain structures which could not be vacated or removed. The Sabha continued to press for allotment. A question was also raised in Parliament on 27/2/1978 in this behalf, to which a reply was given by the Government that an alternate plot of 2.15 acres would be allotted to the appellant-petitioner. This change in the extent to be allotted was the consequence of a change in the policy. Sometime after 1967, it appears, the relevant rules were amended according to which no school can he established in a plot of land less than two acres in extent. Be that as it may, possession of the alternate land was also not given to the Sabha. Correspondence went on between the parties. On 14/10/1986, the Landdo informed the Sabha that an extent of 2.15 acres is being allotted to the Sabha for running the school @ Rupees eight lakhs per acre. The Sabha represented against the price proposed to be charged. On 18/7/1990, a formal letter of allotment was issued in respect of 2.15 acres of land. So far as the rate is concerned, a distinction was made therein. With respect to the extent of1.363 acres (which was the area originally allotted or intended to be allotted to the Sabha) , consideration was fixed at Rs. 5,000. 00. per acre but in respect of the excess land of 0. 787 acre, consideration was fixed at Rupees thirty-eight lakhs per acre. The total consideration so fixed for the entire extent of 2,15 acres came to Rs. 29,90,600. 00 (premium) and Rs. 74,765. 00 payable as ground rent per annum. On 16/8/1990, the Sabha deposited a sum of Rupees ten lakhs towards the consideration demanded.