ADHARTAL SHIKSHA SAMITI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In all these writ petitions, common questions of law with little variation of facts arise for determination and as such they are being disposed of by this common order.

(2.) Jabalpur Development Authority (hereinafter referred to as the 'Authority') made advertisement in the Newspapers on 19-3-1991 inviting applications from educational institutions for allotment of the land in its various schemes. Petitioners in pursuance of the aforesaid advertisement submitted their applications. Petitioner Adhartal Shiksha Samiti i.e., petitioner in W. P. No. 1263/96 was allocated 1,07,880 sq. ft. of land for construction of a High School. Petitioner in W. P. No. 1335/96 i.e., Guru Gobind Singh Educational Society was allocated 1,24,630 sq. ft. of land of construction of High School. Petitioner in W. P. No. 1346/96 i.e., Motiram Mandhyani was allocated 1,24,750 sq. ft. of land for construction of High School and College. Petitioner in W. P. No. 2619/96 i.e., Shri Ram Mandir Shiksha Samiti was initially allocated 60,000 sq. ft. of land which was later on enhanced to 1,55,000 sq. ft. for construction of a school. Petitioner No. 2 in W. P. No. 571/97 i.e., Jabalpur Thoak Vastra Vikreta Sangh was allocated 93,670 sq. ft. of land for construction of a High School. Petitioner in W. P. No. 574/98 i.e., Shanti Nagar Bal Vikas Shiksha Samiti was allocated 45,600 sq. ft. of land for construction of a Middle School. Petitioner in W. P. No. 2443/96 i.e., Ranjhi Vivekanand Shiksha Vikas Samiti was allocated 13,993 sq. ft. of land for construction of a school. Petitioner in W. P. No. 3922/99 i.e., Sanjeevani Nagar Kalyan Samiti was allocated 6300 sq. ft. of land for construction of a community hall.

(3.) According to the terms of allotment, petitioners were allowed to make construction over 40% of the area allocated to them and they were required to pay premium at the rate of Rs. 10/- per sq. ft., limited to the area over which they have been allowed to make construction. Petitioners were also required to make payment of 50% of the premium amount within 15 days of the allotment i.e. by 31-7-1991 except in case of Sindhu Samaj i.e., petitioner No. 2 in W. P. No. 1346/96 which was given time till 15-9-1991 to make payment of 50% of the premium amount. Rest of the premium amount was to be deposited in six monthly instalments. Petitioner Sindhu Samaj and petitioner Shanti Nagar Bal Vikas Shiksha Samiti had paid up the full premium amount. Petitioner Shri Ram Mandir Shiksha Samiti had not made payment of 50% of the premium amount before 31-7-1991 and had paid the premium amount about 5 months later than the date fixed for making payment. It has also paid the first instalment of Rs. 38,750/-. The Jabalpur Thoak Vastra Vikreta Sangh paid only a sum of Rs. 1,82,150/- after about 11 months and it has not made any further payment. Guru Gobind Singh Educational Society had made payment of the premium amount of Rs. 2,49,260 on 13-8-1991 and had not made any payment thereafter.