MAHAVEER TRUST INDORE Vs. ADDITIONAL COLLECTOR, DISTT. INDORE

JUDGEMENT

(1.) THIS order shall also govern the disposal of WP.No.3802/13 as in both the petitions order under challenge is dated 21/12/12 passed by Additional Collector, Indore in Case No.03-A-39/11-12 whereby petitioner trust is restrained from raising the construction. In WP.No.6933/13 the order is challenged by the petitioner and in WP.No.3802/13 the same order is challenged by respondent No.4.

(2.) UNDISPUTED facts of the case are that petitioner is a trust which was constituted vide trust deed dated 31/05/75. Upon the application filed by petitioner trust it was registered as Public Trust vide order dated 27/05/77 passed by Registrar, Public Trust, Indore. Upon the application filed by petitioner trust a piece of land measuring 42536 sq. feet bearing survey No.403 situated just opposite to Regal Theater, Indore was allotted to the petitioner on lease on payment of rent of Rs.1/- per year for establishment of Research Institute and Child Development Center. As per terms of lease the construction was to be completed within three years. After execution of lease deed dated 20/05/86 no activities were started within the stipulated time mentioned in the lease agreement. Upon application, permission was given to the petitioner by Joint Director, Town & Country Planning, Indore in the year 1988, but no construction activities were started by the petitioner trust. Vide order dated 27/01/96 petitioner trust was permitted to raise commercial arcade on a piece of land measuring 12117 sq. feet out of 42536 sq. feet, which was also approved by the Municipal Corporation, Indore vide order dated 26/02/96. Thus, inspite of default for a period of long ten years, petitioner Trust was permitted to raise the shopping arcade on a pice of land measuring 12117 sq. feet of land upon depositing premium of Rs.72,70,200/- and yearly lease rent of Rs.5,45,265/-. By this order petitioner trust was further directed as under:-

(3.) GRIEVANCE of the petitioner trust is that the petitioner trust was serious right from beginning to raise the construction for charitable activities, but because of dispute and also because of delay in obtaining the sanction, construction could not be raised in time. It is submitted that in the facts and circumstances of the case there was no justification on the part of Additional Collector, Indore to restrain the petitioner trust from raising construction which is contrary to the permission granted by the State Government. Learned counsel submits that in fact the land in question was gifted to the petitioner Trust. It is also submitted that land is in occupation of the petitioner as grant.