( 1 ). With the said end in view the petitioner No. 2 moved the application for allotment of land before the respondent No. 1 ( vide application dated July 15,1985 ). Later on the case of the petitioners was also sponsored as per the requirement for the allotment of land by respondent No. 3 i. e. the Directorate of Health Services, Delhi Administration through their letter dated February 26,1988. The petitioners were allotted a plot of half an acre of land vide letter dated March 23,1989 ( Annexure N) as per their request made vide letter dated January 13,1989 ( vide Annexure M) at the rate of Rs. 19 lacs per acre. The petitioners were, however, very much dis-satisfied with the rate i. e. Rs. 19 lacs per acre which was being charged from them. According to the petitioners they should have been charged at the rate of Rs. 10,000. 00 per acre. This was the rate at which hospitals were being allotted lands in the year in which the application was moved i. e. 1985. The petitioners, however, in order to avoid any controversy and in view of the judgment of the Delhi High Court dated May 8,1985 in the case of Rose Educational Scientific and Cultural Society Registered and others v. Union of India and others, ( CWP No. 401/89), deposited a sum of Rs. 4,85,750. 00 calculated at the rate of Rs. 9. 5 lacs per acre as decided by the Court in the abovesaid case. The said amount was deposited without prejudice to the rights of the petitioners to claim the refund of such amount as may become payable to them on finalisation of the dispute with regard to the rate. The petitioners through the present writ petition want the quashment of the direction given to them vide letter dated July 4,1989 whereby they were asked to deposit the remaining amount of Rs. 4,82,750. 00 alongwith interest at the rate of 18% per annum ( vide Annexure R) and the allotment order dated November 17,1988 ( vide Annexure L) allotting them land at the rate of Rs. 19 lac per acre.

( 2 ). The respondents through their counter affidavit have traversed all the averments made in the petition. According to the respondents, the land at the concessional rate of Rs. 10,000. 00 per acre is available to the recognised and aided educational institutions and hospitals and public utility services run by local authorities. The petitioners thus cannot claim land at the abovesaid rate. The respondents have not allotted land to anyone at the abovesaid rate except to the institutions which are managed by local bodies. The present writ petition is false and frivolous. It is liable to be dismissed.

( 3 ). It is manifest from the facts canvassed above that the only point which arises for adjudication in the instant case is as to whether the petitioners are entitled to have the land at the concessional rate of Rs. 10,000. 00 per acre?

( 4 ). Learned counsel for the petitioners Mr. Sanghi has argued with all the vehemence at his command that the petitioner No. 1 being a charitable trust, want to establish and run a hospital to provide free medical aid to the teeming millions of the country and thus they want to cater to their needs, cannot be asked to pay at the rate of Rs. 19 lacs per acre. The learned counsel contends that the fact that the petitioner is a charitable trust is amply clear from the photo copy of the trust deed placed on record ( vide Annexure A) and even the Income-tax Department exempted them under Section 80g of the Income Tax Act from the payment of tax vide their letter dated April 6,1981 ( Annexure C ). According to the learned counsel the earliest notification which deals with the fixation of prices of Government land for allotment to various social, cultural and other organisations is the notification dated November 12,1981. A close scrutiny of the said notification reveals that hospitals find a mention at Sr. No. D of the said notification. and the land is to be allotted to them at Rs. 10,000 per acre. The rate at which the land is to be allotted to the