SAMPARAN CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the respondents for issuance of a writ of mandamus to sanction and release the second instalment of the Grant to the petitioner Trust and for continuously providing the Grant/assistance in terms of the Scheme as framed.

(2.) The averments as made are that the petitioner Trust is registered under the Societies Registration Act vide registration No. 3476 and came-to existence on February 21, 1993. The petitioner Trust started "Samparpan Vikiang Punarvas Kendra" at RAM-RAHIM DHAM, 8 Kms from Bahraich on Bahraich-Lucknow Road, U.P. and has also established, recently, another unit at village Bisrekh, Greater NOIDA, Distt. Ghaziabad, U.P. It is alleged that the Samarpan Trust which in itself means dedication, is engaged in providing artificial limbs/calipers/crutches and other aids to the handicapped people and also to rehabilitate by providing them alternative employment. With this aim in view, Samparpan Trust had established a rehabilitation centre at Bahraich having constructed covered area of 60,000 sq. ft. and having open area of 20 acres. The Government of India formulated a scheme known as "ASSISTANCE TO DISABLED PERSONS FOR PURCHASE/FITTING OF AIDS/APPLIANCES". Copy is filed as Annexure P-6 to the writ petition. The provisions as incorporated in the scheme which are relevant for deciding the present controversy between the partics may be reproduced as follows:

(3.) The assistance was released to the petitioner Trust for the year 1994-95 for a sum of Rs. 69,43,000.00 on the terms and conditions as specified in the communication dated March 23, 1995, which is filed as Annexure P-8 to the writ petition. The following paragraphs of this communication may be reproduced as follows: