SHRI PASHUPATI GAUSHALA Vs. STATE GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by Shri Pashupati Gaushala, Sarna Doongar, Tehsil and District Jaipur through its Trustee Manager Shri Sita Ram Dass inter alia with the prayer for appointment of independent arbitrator to arbitrate in the matter of dispute with the respondent.

(2.) Dr. P.C. Jain, learned counsel for the applicant has submitted that applicant-Pashupati Gaushala, Sarna Doongar is a registered Gaushala under the Rajasthan Gaushala Act of 1960. Its certificate of registration is placed on record. The aforesaid Rajasthan Gaushala Act of 1960 received the assent of the President on 09.07.1960. The relevant provisions have been made in the said Act for maintenance of proper accounts and their audit with right of inspection by the Registrar and penalties for neglects and failures. The applicant has been running the gaushala in conformity with the provisions of the said Act. The said Act was enacted with a view to promote and protect "COW" which animal had attained national recognition in the field of agriculture as well as in the field of health since centuries. The Government of Rajasthan in exercise of powers conferred upon it, has framed Rajasthan Land Revenue (Allotment of Land for Gaushala) Rules, 1957. The applicant submitted an application to the State Government for allotment of land of khasra no.133 of Village Sarna Doongar for guashala. 11 acres of the land, out of that khasra was allotted to the applicant on the terms and conditions laid down in the Rules of 1957 by government order dated 10.8.1989 with a further direction to change the classification of the land of the said khasra from Charagah to Gaushala. The allotment was made with the consent of Jaipur Development Authority. Pursuant to the above government order, the Collector, Jaipur vide his order dated 11.09.1989 changed the classification of the said Khasra No.133 from "Charagah" and recorded 11 acres of land out of it as "Gaushala", which was allotted to petitioner for purposes of Gaushala on the terms and conditions stated in the Rules. Allotment of land was accepted by the petitioner for which as per Rule 9 of the said Rules a lease deed as per Appendix 'A' with five parts as detailed thereunder was to be executed. Under Rule 10 of the said rules, it was specifically provided that the land so leased shall be separately shown as land leased out to Gaushala under these rules. Accordingly, the land so leased was shown in Jamabandi as land allotted to petitioner Gaushala w.e.f. 10.08.1989 and for a further period of ten years upto 10.09.1999. Learned counsel for the applicant has submitted that Appendix-A lease deed as statutorily provided under the said published rules notified in gazette, the terms and conditions of the five parts have also been stated therein. It has been provided in the introductory part of the deed, which had to be executed by the Collector on behalf of the Government, "to hold the premises hereby granted and demised unto the lessee for the terms of 20 years with effect from and the lessee hereby covenants with the government as in Part-III expressed and the government hereby covenants with the lessee as in Part-IV expressed and it is mutually agreed between the parties in Part-V of these presents". Applicant had accepted the allotment of the said land with the terms and conditions as laid down in Appendix 'A' lease deed with its five parts as statutorily prescribed and notified in gazette and thus publicly made known to the petitioner. This also includes Part-V which provides that "the lessor and the lessee hereby agree that in the event of any dispute arising between the lessor and the lessee in respect of the interpretation or compliance with the terms of the lease or the sufficiency thereof, or to any matter or things in any way connected with this agreement, the same shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 1940 of the Central Legislature (Act No. X of 1940)."

(3.) Dr. P.C. Jain, learned counsel for the applicant submitted that since the date of allotment of the said land to the petitioner Gaushala, it is being used till date for the purposes of Gaushala in accordance with the terms and conditions laid down, by maintaining the required number of bulls for breeding as also to feed and take care of the ailing, handicapped and non-milching cows, calves etc. who are being kept apart from the milk giving healthy cows, so as to avoid infection and allied animal diseases. Presently there are more than 400 cows. Plantation has also been carried out by the applicant over the land in question in 1995. Gram Panchayat Sarna Doongar, Gram Panchayat Khora Beesal and MLA of the area, and Gram Panchayat Nangal recommended for its permanent upkeep and extension of period as well as for allotment of additional land to the applicant. However in between this period, the State unilaterally cancelled the said allotment by order dated 29.11.1997. Aggrieved by the said order, a revision petition was also filed by the petitioner Gaushala, which was allowed vide order dated 22.06.1998. The revision petition was allowed by the State and while restoring the lease deed direction was issued for further allotment of lease for ten years vide order dated 03.08.2000. The Rajasthan Gau Seva Ayog also vide its letter dated 24.08.2009 recommended for further extension of lease period. Thereafter, the JDA sanctioned Rs. 201 lakhs for construction of boundary wall on all the four sides of Gaushala and out of which work of constructing boundary wall around Gaushala costing Rs. 43.30 Lakhs was completed and remaining work was still in process. Jaipur Development Authority which had no proprietary right or title over the land filed frivolous writ petition bearing S.B. Civil Writ Petition No. 2659/2001 challenging aforesaid order of the government. The said writ petition of the JDA was dismissed vide its judgment and order dated 19.04.2010. Collector, Jaipur vide its letter dated 11.06.2010 wrote to the Government in the department of Revenue to allot the land in question to applicant on permanent basis. However, despite the aforesaid proceedings and legal position as laid down in Rule 8 (3) of the Rules of 1957, Jaipur Development Authority, which has recorded it as "Gaushala Land" in khatoni jamabandi, which is a record of right, still filed an objection before the Revenue Minister to claim that the entire right and title in the said land belongs to JDA and prayed for deletion of classification of land as "Gaushala" and for recording it as JDA land.