S.S. HARBHAGWAN HIGH SCHOOL Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) An educational institution has been used to advance personal interest by a person controlling management of a school. A plot measuring approximately an acre of evacuee land got allotted at concessional rate from the Government has been sold to make personal gain. Justification offered is that money was needed to get repairs of the school building. Cancellation of the allotment followed, which is under challenge.

(2.) S .S. Harbhagwan High School, Samana, District Patiala has filed this writ petition challenging the order cancelling the land allotted to the school for playground. The school was allotted land measuring 4700 sq.yards on 1.2.1994. This land was just adjoining the petitioner's school. On request made by school, Rehabilitation Department had decided to sell this urban evacuee property bearing No. 34-A at Samana at concessional price. The terms and conditions of sale were mentioned in detail. The total price of the land allotted was Rs. 1,04,600/-, which was settled after negotiations. Upon payment of this amount, the conveyance deed was executed in favour of the petitioner school. The petitioner school would, thus, claim that it is an absolute owner of this property.

(3.) THE managing committee, thus, proceeded to sell some part of the property in question. The management states to have first approached Tehsildar-cum- Managing Officer, Samana to know if it could sell the part of evacuee property given to the school at a concessional rate. Reference is made to a communication dated 14.6.1994 by Deputy Commissioner, Patiala, who mentioned that there was no condition or restraint on the school against the sale of the property in question. The petitioner-Management of the school accordingly had sold part of this land which was allotted to it at a concessional rate. It seems that somebody made a complaint against this action of the school management. The management had written a letter to Tehsildar-cum-Managing Officer, Samana, when it received response from the Deputy Commissioner, as referred to above. The petitioner school would, thus, plead that despite this position, Chief Settlement Commissioner-cum-Deputy Commencer, Patiala cancelled this allotment of plot on 21.11.2002 nearly after eight years of its allotment on the ground that petitioner management had sold the property in question in plots to different persons. This order annexed with the petition as Annexure P-4 is now challenged through the present writ petition.