2010 Supreme(SC) 1072

IN THE SUPREME COURT OF INDIA
G.S. Singhvi and Asok Kumar Ganguly
Ramjas Foundation and another........Appellants
Versus
Union of India and others.......Respondents
CIVIL APPEAL NO.6662 OF 2004
Decided on : November 9, 2010.

Headnote:(a) Constitution of India – Article 226 – Appellant suppressing the fact that opportunity of haring was afforded u/s 5-A of the Land Acquisition Act, 1894 challenged the acquisition proceedings on that ground – Further, when earlier writ petition was dismissed as withdrawn giving liberty to file a fresh suit, he filed a fresh writ petition – Also, appellant specifically raising plea of exemption on ground of the property being wakf property, but failing to satisfy the Court on that point – Again appellant obtained stay from dispossession by suppressing material facts – Appellant not entitled to relief on such conduct. (Para 10, 11, 13)

       (b) Administration of Justice – A person not coming to the Court with clean hands is not entitled to be heard on the merits of his grievance – Such person not entitled to any relief – This principle is applicable not only to the petitions filed under Articles 32, 226 and 136 of the Constitution but also to the cases instituted in others courts and judicial forums – Increase in number of cases trying to misuse the process of Court by making false and/or misleading statements or by suppressing the relevant facts or by trying to mislead the Court in passing order in their favour lamented. (Para 15)

       2 Mac. & G. 231; (1849) 7 Hare 89; 55 L.T. 802; (1917) 1 K.B. 486; AIR 1963 SC 1558; (1983) 4 SCC 575; (1991) 3 SCC 261; (1994) 1 SCC 1; (2007) 4 SCC 221; (2007) 8 SCC 449; (2008) 2 SCC 326; (2008) 12 SCC 481; (2009) 3 SCC 141; (2010) 2 SCC 114 – Relied upon

       (c) Constitution of India – Article 226 – Strong indictment of appellants by Supreme Court in Ramjas Foundation – Still, appellants deliberately refraining from mentioning details of the their cases and rejection there of – Not entitled to any relief. (Para 16)

       (1975) 4 SCC 285; (1975) 2 SCC 547; (1993) Supp 2 SCC 20 – Referred

       (d) Constitution of India – Article 226 – Appellant claiming to have created a wakf – Claiming exemption from acquisition on that ground – No evidence, other than bald statement, produced to substantiate creation of wakf – Courts below, in their concurrent judgments, rightly holding that Rai Sahib Kedar Nath created a public charitable trust and not a Wakf. (Para 18, 19, 20)

       AIR 1922 PC 123; 54 I.A. 23; AIR 1956 Nagpur 38; AIR 1940 Lahore 119; (1911) 16 Cal. WN 114; AIR 1941 All. 225; AIR 1939 Lahore 686 – Referred

       Facts of the case:

       Rai Sahib Kedar Nath, who retired as District Judge from the Punjab Judicial Service started three schools in Kucha Ghasi Ram, Chandni Chowk, Bazar Sita Ram and Daryaganj, Delhi between 1912 and 1916 in the memory of his father, Lala Ramjas Mal. He purchased land measuring about 1800 bighas in villages Chowkri Mubarikabad and Sadhora Khurd, which now form part of NCR Delhi from his own resources and by collecting money in the form of donations from other philanthropists. In a public function held on 25.12.1916 in Ramjas School, Kucha Ghasi Ram, Chandani Chowk, Rai Sahib Kedar Nath is said to have made an announcement that he had created a Wakf and dedicated and donated all his movable and immovable properties including the land in villages Chowki Mubarikabad and Sadhora Khurd to the said school for charitable purposes, namely, advancement and promotion of education to the public and poor students. In 1917, he formed Ramjas College Society and got the same registered under the Societies Registration Act, 1860 as a charitable institution.

       After some time, Rai Sahib Kedar Nath formed a managing committee of which he was the President. On 25.6.1936, he transferred the entire land to the Society by executing a release deed. In 1967, the name of the Society was changed from Ramjas College Society to Ramjas Foundation and the same was registered as such.

       By notification dated 13.11.1959 issued under Section 4 of the Land Acquisition Act, 1894, the Chief Commissioner of Delhi proposed acquisition of 34070 acres land including 872 bighas and 17 biswas land of appellant No.1 situated at Chowkri Mubarikabad and 730 bighas land situated at Sadhora Khurd for planned development of Delhi excluding the following categories of land: (a) Government land and evacuee land; (b) the land already notified under Section 6 of the Land Acquisition Act for any Government Scheme; (c) the land already notified either under Section 4 or 6 of the Land Acquisition Act, for House Building Cooperative Societies mentioned in Annexure III; (d) the land under graveyards, tombs, shrines and the land attached to religious institutions and Wakf property.

       The objections filed on behalf of appellant No.1 under Section 5-A of the Act through Shri Ratan Lal Gupta, Advocate were rejected by the competent authority. Thereafter, three different notifications were issued under Section 6 of the Act.

       The acquisition of land vide notification dated 13.11.1959 was challenged in large number of petitions filed in Delhi High Court which were dismissed. The appeals filed against the orders of the Delhi High Court were also dismissed.

       Appellant No.1 also filed several cases in the Delhi High Court and Supreme Court questioning the acquisition of its land and consequential actions taken by the respondents.

       Finding of the Court:

       Appellant is not entitled to any relief.

       Result:

       Appeal dismissed.