PURBOSHREE MAHILA SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, through this writ petition, seeks the quashing of the revision of the rate of land from Rs.8 lakhs to Rs. 28,50,000.00 per acre and the consequent demand of Rs.10,50,625.00 towards security deposit. However, first the facts.

(2.) The petitioner is a Society duly registered under the Societies Registration Act, 1860. In furtherance of its objects, it has been running a Balwadi and a charitable dispensary. On its application for allotment of land for running a Balwadi and dispensary, it was allotted land measuring 0.5 acres on payment at the rate of Rs.8 lakhs per acre besides 381 annual ground rent of 2-1/2 per cent of the said premium. However, the grievance of the petitioner Society is that by letter dated April 17,1989, it was informed that the land rates had been revised from Rs.8 lakhs to Rs.28,50,000.00 per acre calling upon it, as already noticed above, to deposit Rs.l0,50,625.00 towards security deposit. The case of the petitioner Society is that the revision so made is illegal, without jurisdiction and void besides being arbitrary. It further claims that the respondent is estopped from making any such demand and alleges that the principle of promissory estopple is squarely attracted as acting on the allotment letter it had got the building plan sanctioned and had by the time of the receipt of the revised demand, raised substantial construction.

(3.) The respondent has stoutly resisted the petition. In the counter filed by it number of objections were taken though, during arguments, the main grounds of attack were: (a) the petitioner is not running a school and that running of a Balwadi does not amount to running an educational institution; (b) the respondent is well within its rights to revise the land rates as the letter of allotment itself envisaged enhancement and (c) as the petitioner had agreed to enhancement, the principle of promissory estoppel would not be attracted.