SPASTICS SOCIETY OF INDIA Vs. AJIT JAIN

JUDGEMENT

(1.) THE petitioners are Spastics Society of India founded for treatment and care of spastics. The petitioner-society is registered under the Societies Registration Act and is also registered as a public charitable trust under the Bombay Public Trust Act. 1950. The petitioners have opened six centres all over India for treatment of spastics. The petitioners have received national and international recognition. In 1987 the petitioners received national award for the Best Voluntary Agency, working for the disabled in India. The petitioners are working in collaboration with UNICEF, WHO and other national and international organisations.

(2.) SOME time in 1979 the petitioners decided to set up a special facility for training of spastic adolescence as there was none available in Bombay. The petitioners, therefore, made a request to the Government of Maharashtra to allot to them a land on lease basis which could be utilised by the Society to put up the necessary facilities for spastics. The State Government acceded to the request made by the petitioners and allotted to them a plot of land situate of Sion, admeasuring 1547 sq.mtrs. on 27th July, 1979. The terms and conditions of allotment were incorporated in letter of 20th September, 1979 issued by the State Government to the petitioners. The ground rent of the property was fixed at 8% per annum on the value of the land at Rs.300.00 per sq.mtr. It was provided that the first two years from the date of possession will be rent free period and for the subsequent two years, there will be rebate of 50% in ground rent.

(3.) BY letter dated 10th March, 1980 the petitioners appraised the State Government of the unsuitability of the land for building construction and requested for another land in exchange of the said land. A reply was given to the petitioner's letter that the petitioners' request for exchange was under consideration but no decision was taken for considerably long time. In the meanwhile, the Collector issued bills for ground rent from time to time. Again in 1986 the petitioners approached the Collector for allotment of land at Goregaon Film City which was available at that time. However, there was no response for the Collector. The petitioners kept on making representations from time to time. Finally, by their letter dated 23rd March, 1988 the petitioners called upon the Collector to take back possession of the land. However, it seems that possession was not taken for a long time inspite a specific letter issued by the petitioners. Ultimately, the Government took back possession on 21st February, 1990. As already indicated, the Collector issued notices to the petitioners for recovery of ground rent as per their letter dated 20th September, 1979. The petitioners made representations to the State Government that considering the facts and circumstances of the case, the ground rent should be waived. It was pointed out by the petitioners that they are charitable institution involved in the treatment and care of spastics. It was also pointed out by the petitioners that they have not even used the land as it was totally unsuitable for construction. No heed was however paid to the petitioner's letter. On the other hand, by letter dated 29th February, 1996 the collector called upon the petitioners to pay a sum of Rs.9,07,786.00 towards arrears of ground rent together with interest. By notice dated 2nd July, 1996 the Collector attached the bank accounts of the petitioners. Aggrieved, the petitioners have approached this court by filing the present petition under article 226.