HAREN PANDYA Vs. GANDHINAGAR CHARITABLE TRUST

JUDGEMENT

(1.) Since there is a common point involved in all these three petitions, at the request of the parties, they are ordered to be heard together. The question involved is regarding giving charity of the lands at Gandhinagar practically at throwaway price. So far as Special Civil Application No.4909 of 1997 is concerned, same has been filed by one Haren Pandya and another, who, at the relevant time when the petition was filed, were M.L.As. of Bharatiya Janata Party (hereinafter referred as "B.J.P."). We may state that Mr.Haren Pandya has subsequently become a Minister in the State of Gujarat.

(2.) In the said Special Civil Application, they have challenged the Resolution of the Government, in its Roads and Building Department, by which it was resolved to allot 41000 sq. metres of land situated in Sector 8 of Gandhinagar to the Gandhinagar Charitable Trust, Gandhinagar, for the purpose of Balmandir, Primary School, Arts, Commerce, Science, Engineering, Business Management, Computer Science Colleges, hostel for boys and girls. The said Resolution was passed treating the said Gandhinagar Charitable Trust as "Educationally Special Institute" and as a "Special Case". By treating it as a special case and a special institute, relaxations were also given in the existing policies of the Government in allotment of land without auction and at half of the prevalent rate of Rs.400.00 per sq. metre, i.e. at the rate of Rs.200.00 per sq. metre. It was also resolved to make allotment of the land for playground on lease at the token rent of Rs.1.00 per annum. There were certain conditions attached with the said Resolution such as making part payment etc. Subsequently, by Annexure `B' the Trust was asked to pay Rs.82,00,000.00 by way of sale consideration for the land admeasuring 41000 sq. metres. The said amount was to be deposited before the Collector, Gandhinagar. Instalments were also given for making such payment, by which the Trust was required to deposit 50% of the said amount of Rs.82,00,000.00, i.e. Rs.41,00,000.00 towards first instalment, latest by 28.7.1997. On deposit of the same, the Collector, Gandhinagar was to hand over the possession of the land to the Gandhinagar Charitable Trust. The remaining amount of Rs.41,00,000.00 was to be deposited by the Trust by 28.9.1997. The aforesaid relaxation was given as per Resolution Annexure `B' to the petition, passed by the Deputy Secretary, Road and Building Department, after taking consent from the Finance Department. The petitioner of Special Civil Application No.4909 of 1997 has also annexed a newspaper report, under the heading "Landing a Scandal". The petitioner of Special Civil Application No.4909 of 1997, on the basis of the aforesaid document, preferred the said Special Civil Application, challenging the aforesaid action of the Government in allotting land to the said Gandhinagar Charitable Trust, which is respondent No.1 in the petition. It is stated in the petition that the aforesaid Trust is headed by the then Chief Minister Shankersinh Vaghela and that as per the information of the petitioner, even though 73 applications were pending by various educational institutions and even though they are pending since number of years, ignoring the claim of such applicants, the Government has decided to favour respondent No.1-Trust. It is stated in the petition that undue favour is shown to the Gandhinagar Charitable Trust. It is demonstrated in the petition as to how the decisions one after another were taken in quick succession. It is also further averred in the petition that while taking such a decision and before passing the impugned Resolution dated April 29, 1997 no approval has been sought from the competent authority of the area and other authorities under the revenue laws, Town Planning Act, etc. It is also stated in the application that even otherwise, the respondent No.1-Trust does not have any experience of whatsoever nature regarding computer etc., and that the impugned Resolution was contrary to earlier Resolution of the Government dated June 29, 1988, wherein certain norms are prescribed for allotting land by the Government. It is the say of the petitioner that the impugned Resolution is mala fide and it is passed only with a view to favour the Trust, wherein the sitting Chief Minister was one of the Trustees and it is a case of misusing a Government machinery. By way of amendment it was also pointed out that the respondent No.1-Trust was, at the relevant time a very recently registered Trust as the same was registered only on 8.8.1996. In the list of Trustees, name of Shri Shankersinh Laxmansinh Vaghela, who was the Chief Minister at the relevant time, was shown at serial No.1 in the amendment along with four other Trustees. It is pointed out that none of the Trustees are having any experience in the field of imparting education. Along with the amendment, the petitioners have also placed Resolution dated 29.6.1988, wherein certain guidelines have been prescribed in the matter of allotting land. This Court, by its order dated 9th July, 1997, granted leave to amend the petition and notice was made returnable on 28th July, 1997 on the basis of the statement made by the learned Advocate for the petitioners that the entire amount of Rs.82,00,000/is paid two/three days back. The Court also granted interim relief to maintain status quo as to possession upto 31st July, 1997.

(3.) Thereafter, by another order dated 6.8.1997, this Court granted permission to add all the Trustees as parties. The petition was admitted and rule was made returnable on 15.9.1997. Interim relief was also granted at that time to maintain status quo as to possession as well as construction. The Court clarified that it will be open to the Trustees to move paper work and process applications for permission, etc.