The Delhi High Court has allowed the writ petition directing that the government shall charge Rupees five thousand per acre for the extent of 1.363 acres the original proposed extent and Rupees eight lakhs per acre for the excess land of C 787 acres.
The case put forward by the Sabha and accepted by the High Court is to the following effect as far back as 1967, 1.363 acres was allotted to the Sabha Rupees five thousand per acre as per the order of allotment, the Sabha had deposited the sum of Rs.7,185/ on 8th July, 1967 so far as this extent is companycerned, the question of rate cannot be re opened.
and failing that to Government.
So far as this additional extent is companycerned, the government had agreed to allot the same Rupees eight lakhs per acre through its letter dated October 14, 1986 which was unreasonably enhanced to Rupees thirty eight lakhs per acre under a subsequent letter rated 18th July, 1990.
For a proper appreciation of the companytroversy, it is necessary to first determine the companyrect state of facts.
The possession of the land companyld number, however be delivered to the Sabha for various reasons.
Sabha represented against the price proposed to be charged.
Indeed, the rate in respect of this extent is number in issue between the parties.
On September 5, 1990 Delhi High Court delivered its judgment in Delhi Development Authority V. Lala Amarnath 42 1993 D.L.T.651 holding that in respect of Nazul land allotted on numberprofit numberloss basis ln accordance with the policy of the central government to schools it is number open to the government to charge market rate.
Pursuant to this letter, the Sabha wrote to the LD.O. on 17th August, 1996 as follows No.
Yet another companydition was that the institution shall number increase the rate of tution fee without the prior sanction of the companypetent authority and shall follow the provisions of Delhi School Education Act Rules, 1973 and other instructions issued from to time.
The first respondent is Jain Sabha, New Delhi Sabha and the second ressondent is the President of the fires respondent Sabha.
It was also stipulated that the Jain Happy School shall number refuse admission to the residents of the locality.
The Sabha was thereupon asked to choose an alternate site.
The rate prescribed was Rupees five thousand per acre plus the annual ground rent five percent thereon.
The Sabha was representing for allotment and possession of the land and the matter was kept pending.
001670 for dated 16.8.90 for Rs.10 lakhs on Central Bank of India, Gole Market, New Delhi 1 as a part payment for the above subjected land.
One of the companyditions stipulated that in the event of dissolution of the Jain Happy School, the land allotted and the assets created thereon will be transferred to an institution having similar aims and objects with the prior approval of the Govt.
This offer was stated to be valid for one month and if acceptable to the Sabha, it was required to companymunicate its acceptance and remit the companysideration amount.
With respect to the extent af 1.363 acres Which was the area originally allotted or intended to be allotted to tho Sabha companysideration was fixed at Rs.5,000/ per acre but in respect of the excess land of o 787 acres, companysideration so fixed at Rupees thirty eight lakhs per acre total companysideration so fixed for the entire extent of 2.15 acres came to Rs.29,90,600/ premium and Rs.74,765/ payable as ground rent per annum.
A question was raised in this behalf in the Parliament.
This enhancement is unreasonable and arbitrary.
In 1967 another letter of allotment was issued stipulating the very same rate.
Evidently, the Sabha made representations against this whereupon the Government of India issued the formal letter of allotment dated 18th July, 1990.
The Sabha was intimated that if the companyditions mentioned in the said letter were acceptable to its it may deposit the sum of Rs.7,185.75p and the ground rent.
The Sabha is also made liable to pay proportionate ground rent and other charges in accordance with law.
sabha companytinued to press tor allotment.
Correspondence went on between the parties.
Ns required by the said letter, the Sabha deposited an amount of Rs.7,185/ on 8th July, 1967.
General Secretary It is clear from the letter that Sabha accepted the rate specified in the allotment letter dated July 18, 1990, viz.,
The government cannot charge anything more than Rupees eight lakhs for this additional extent.
At last, on 14th October 1986, the government of India informed the Sabha that its request fur charging a Rupees five thousand per acre for the alternate site of 2.15 acres cannot he accepted and that the rate charged shall be Rupees eight lakhs per acre, i.e., for the entire extent allotted.
On 16th August, 1990 the Sabha deposited a sum of Rupees ten lakhs towards the companysideration demanded.
A question was also raised in the Parliament on 27th February 1978 in this behalf to which a reply was given by the government that an alternate plot of 2.15 acres would be allotted to the appellant petitioner.
Accordingly, the Sabha deposited the said amount which amounts tc acceptance of the companydition stipulated.
The physical possession of the land companyld number however be delivered to Sabha on account of existence of certain structures which companyld number be vacated or removed.
The money already paid by Sabha is directed to be adjusted against the amount determined as payable on the above basis.
The Sabha applied to the Land and Development Officer LD.O. for allotment of a plot of land for locating the school being run by them.
Thanking you, Yours faithfully, Sd Shri Pal Jain Hony.
relying upon the said judgments Sabha filed the writ petition from which this appeal arises in the Delhi High Court questioning the demand of companysiderations Rupees thirty eight lakhs per acres for part of the land allotted to it, i.e., in respect of an extent of 0.787 acres.
The Minister for Works and Housing replied that possession of the land companyld number be delivered to the school on account of number of built up structures on the land.
It also requested for further time to deposit the balance amount.
On 14th October, 1986, the LD.O. informed the Sabha that an extent of 2.15 acres is being allotted to the Sabha for running the school s Rupees eight lakhs per acre.
In this letter, it was stated that an extent of 2.15 acres is allotted in DIZ Area, New Delhi for the school, instead of 1.363 acres, subject to several companyditions mentioned therein.
It was further stipulated that the land shall be used by the Sabha only for companystruction of a building for Jain Happy School and for numberother purpose, that numberreligious instructions shall, be imparted and that numbercitizen shall he denied admission to their school on grounds of religion, race caste, language or any of them.
Sn 18th July, 1990, a formal letter of allotment was issued in respect of 2.15 acres of land.
With respect to the rate charged, it was stipulated that so far as additional land of 0.787 acres is companycerned, it shall be charged s Rupees thirty eight lakhs per acre while for the original extent of 1.363 acres, the premium amount already paid by the Sabha shall be treated as sufficient.
By its letter dated June 3, 1967, the Deputy Land and Development Officer, New Delhi informed Sabha that the President is pleased to sanction allotment of another plot of land measuring 1.363 acres in Edward Square, New Delhifor the companystruction of a building for the Jain Happy School subject to companyditions specified therein.
The allotment companyld number, however be given effect to.
P.JEEVAN REDDY, J. Leave granted.
So far ms the rate is companycerned a distinction was made therein.
The LD.O. allotted in 1963 a plot of land admeasuring 1.363 acres a Rs.5000/ per acre plus the annual ground rent of five percent thereon.
This appeal is preferred by the Union of India through the Secretary, Ministry of Urban Development and the Land and Development Officer, Ministry of Urban Development against the judgment of the Delhi High Court allowing the writ petition filed by the respondents with certain direction.
JAS Land/1 Dated 17.8.1990 The Land Development Officer, Government of India, Nirman Bhavan New Delhi 1 Sub Allotment of land for Jain Happy School Ref Your letter No.
rate of Rupees thirty eight lakhs per acre for the additional extent of 0.787 acres and the rate of Rupees five thousand per acre for the initial extent of 1.363 acres apart from the other companyditions of allotment and deposited a sum of Rupees ten lakhs towards the total companysideration payable as per the said allotment letter.
The Sabha was representing repeatedly for allotment of the land.
