MANAGING SOCIETY GOSWAMI GANESH DUTT SANATAN DHARAM COLLEGE Vs. UNION TERRITORY CHANDIGARH ADMINISTRATION CHANDIGARH

JUDGEMENT

(1.) Sequel to the order and consequent notice issued by the Chandigarh Administration for change to be brought about in the allotment letter conveying allotment of 10.5 acres of land to the petitioner nearly one and half decade ago and the threat extended by the Administration to proceed Against the petitioner-Society to face drastic consequences inclusive of resumption of land is what the petitioner has taken a strong exception by way of filing this writ petition under Articles 226/227 of the Constitution of India. Before, however, the two fold grounds on which the notice and the consequential order have been attacked are probed any further, it shall be useful to notice the facts culminating into this petition.

(2.) The Chandigarh Administration in pursuance of the Constitutional mandate to provide education to its citizens envisaged to establish Government Schools/Colleges in different sectors of Chandigarh town. The Chandigarh town being one of the places where all requirements of life had to be started and built up from a scratch, this massive work of providing education on account of heavy financial involvements could not be carried out by the administration exclusively at its own end, thus, necessitating involvement of private individuals and denominational societies.

(3.) With a view to attract individuals and the Societies, the Administration offered land at nominal price and on free hold basis. Some of such recipients of land on nominal price and on free hold basis were admittedly D. A. V. College for Men, D. A. V. College for Women, Guru Gobind Singh College for Men, Guru Gobind Singh College for Women and D. A. V. School in Sector 8. The petitioner-Society too approached the administration for allotment of 20/ 25 acres of land for establishing a non-Government Degree College at Chandigarh and the administration vide letter dated 5-2-1974 offered allotment 10.5 acres of land in Sector 32-C Chandigarh on lease-hold basis for 99 years at the rate of Rs.10.00 per square yard and in addition thereto, ground rent at the rate of Rs. 100.00 per acre per annum. For the reason that the offer for allotment of plot measuring 10.5 acres to the petitioner-Society was on lease-hold basis and also on payment of ground rent, which was not the course adopted in the case of other Institutions, reference of which has been given above, even though the President of the Society accepted the allotment yet he requested that the price be reduced as the same was exorbitant and the annual ground rent be also exempted as the same was not charged from the existing non-Government and similarly placed educational institutions at Chandigarh. A strong plea against the very system of lease hold was also made. It appears that the administration did not give any serious thought to the pleas raised by the petitioner-Society and in fact insisted upon it to give consent with regard to allotment of land proposed in Sector 32 on lease hold basis for 99 years at the rates mentioned above. The petitioner-Society was asked to expedite the action and send its consent with regard to the allotment on the conditions mentioned in the letter of its offer. The Finance Secretary vide letter dated 21-12-1974 informed the decision of the Chandigarh Administration to transfer a piece of land measuring 10.5 acres to the petitioner-Society on lease hold basis for 99 years on the same rates as proposed by the Estate Officer vide letter dated 3/04/1974. Inasmuch as consent to get the plot at the rates referred to above was also given by the petitioner-Society, although some objections as mentioned above were raised, the Estate Officer vide letter dated 2/01/1975 informed the decision of the Chandigarh Administration to the petitioner for allotment of land measuring 10.5 acres for the construction of a full-fledged co-educational Degree College on lease hold basis for a period of 99 years at premium and ground rent as depicted above. Once again, vide the aforesaid letter, the petitioner was asked to give its consent with regard to acceptance of allotment of plot on lease hold basis at the aforesaid rates and also to give an undertaking on the form attached to the letter on non-judicial stamp paper duly attested by a Magistrate Ist Class. The petitioner-Society was required to remit an amount of Rs. 1,27,089.00 on account of 25% premium of the land so that the letter of allotment could be issued. The petitioner-Society accepted the allotment of land measuring 10.5 acres on lease hold basis for a period of 99 years at the rate of Rs. 10.00 per square yard in addition to ground rent at the rate of Rs. 100.00 per acre per annum. It also furnished the undertaking signed by its President. When all the formalities had been completed, the Chandigarh Administration vide letter dated 21/06/1975 issued allotment letter on the terms and conditions as have been mentioned above. The total premium, according to the rates aforesaid, was assessed at Rs. 5,08,356.00 and inasmuch as an amount of Rs. 1,27,089.00 representing 25% of the premium had already been remitted, the schedule of payment by way of installments was fixed by the Chandigarh Administration according to which the first instalment of Rs. 1,47,282.00 was to be deposited on 10/07/1976. The second instalment of the same amount was to be deposited on 10/07/1977 whereas the third instalment of the same amount on or before 10/07/1978 and the annual ground rent of the current year amounting to Rs. 1,050.00 on or before 10/07/1976. Admittedly, the petitioner-Society had since long and on due dates had paid all the instalments of premium along with interest. Thereafter, too, as and when the Estate Officer issued notice for payment of ground rent, the same was remitted in time. When a period of 16 years had rolled by and by which time admittedly all the instalments of premium had since long been paid as also the ground rent for all the years had been remitted and also when the entire building of the College had been constructed and the Institution was in top gear in imparting education to the students, to its total dismay and surprise, the petitioner was conveyed a decision taken by the administration through the Estate Officer that the ground rent shall be charged at increased rate as prescribed in the Rules known as Chandigarh Lease Hold of Sites and Buildings Rules, 1973. The aforesaid decision reflects that the Chandigarh Administration had taken the decision on 29/01/1991 but, as referred to above, the same was conveyed to the petitioner by the Estate Officer on 15/03/1991. The petitioner also received notice (Annexure P2) dated 15/03/1991 itself which in no uncertain terms threatened the petitioner to pay a sum of Rs. 1,74,690.00 i.e. the difference between the ground rent already paid by the Society as per terms and conditions of the original letter of allotment and the one which is payable under the Chandigarh Lease Hold of Sites and Buildings Rules, 1973 (hereinafter to be referred to as the Rules of 1973) within 30 days of the receipt of the notice failing which the petitioner-Society shall face consequences of non-payment of ground rent as envisaged under the said Rules. The petitioner-Society on host of valid grounds thought the aforesaid decision and the notice to be invalid and unjustified and, therefore, in the wake of its such thoughts, the decision was taken to make a representation which was actually made on 1/04/1991 copy whereof has been placed on record as Annexure P10. However, when no one in the office thought the representation of the petitioner even worth considering the applying mind to the points projected therein, the petitioner finding no way out from the impossible situation created for it had no choice but to vindicate its stand by filing the present petition.