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High Court Of Delhi
DELHI PEASANTS CO OPERATIVE MULTIPURPOSE SOCIETY LIMITED - Appellant
Versus
COLLECTOR - Respondent
L.P.A. 123 of 1967
Decided On : 09/22/1970
REVENUE RECOVERY ACT - SECTIONS 3 AND 5 - CONSTITUTIONALITY - ARTICLE 14 - DISCRIMINATION - EXECUTIVE ACTION - CERTIFICATES QUASHED - WRIT ISSUED RESTRAINING REALISATION OF ARREARS OF LEASE MONEY AND INTEREST AS SUMS BY WAY OF ARREARS OF LAND REVENUE.
Fact of the Case:
The appellant, a cooperative society, leased 928.8 acres of land from the Uttar Pradesh Government for cultivation. However, actual measurements revealed that only 810 acres were handed over to the appellant. The appellant sought a proportionate reduction in rent, but the Government did not decide on the issue. The Government later issued certificates under the Revenue Recovery Act to recover the lease money and interest as arrears of land revenue. The appellant challenged the certificates, contending that the amounts were not recoverable as arrears of land revenue and that the Government's action was discriminatory.
Finding of the Court:
The court held that the Government's action of invoking sections 3 and 5 of the Revenue Recovery Act was discriminatory and violative of Article 14 of the Constitution. The court observed that the Government had two alternative remedies available to it, namely, filing a suit for recovery of the amounts or proceeding under the Revenue Recovery Act, and that choosing the more stringent remedy was hostile discrimination. The court also noted that the Government had subsequently filed a suit for recovery of the same amounts, which further demonstrated the discriminatory nature of its action.
Issues: 1. Whether the amounts claimed by the Uttar Pradesh Government were recoverable as arrears of land revenue. 2. Whether the Government's action of invoking sections 3 and 5 of the Revenue Recovery Act was discriminatory and violative of Article 14 of the Constitution.
Ratio Decidendi: 1. The court held that the sums of money claimed by the Uttar Pradesh Government did not fall within the definition of land revenue or sums recoverable as arrears of land revenue under the Revenue Recovery Act. 2. The court held that the Government's action of invoking sections 3 and 5 of the Revenue Recovery Act was discriminatory and violative of Article 14 of the Constitution. The court observed that the Government had two alternative remedies available to it, namely, filing a suit for recovery of the amounts or proceeding under the Revenue Recovery Act, and that choosing the more stringent remedy was hostile discrimination. The court also noted that the Government had subsequently filed a suit for recovery of the same amounts, which further demonstrated the discriminatory nature of its action.
Final Decision: The court quashed the impugned certificates and issued a writ restraining the Government from realising the arrears of lease money and interest from the appellant as sums by way of arrears of land revenue.
( 1 ) THIS judgment will dispose of both L,p. A. No. 123 of 1967 and L. P. A. 124 of 1967 arising out of a judgment dated 22nd November, 1967 dismissing C. W. 217-D of 1964 and C. W. No. 150-D of 1961.
( 2 ) THE appellant/petitioner in both these appeals is a society registered under the Bombay Co-operative Societies Act, 1925, as extended to Delhi. Certain lands situated in village Okhla Molar Bund, Ali, Jasola, Sadabad, Madanpur and certain other villages within the Union Territory of Delhi are owned by the Government of Uttar Pradesh. With a view to assist the Grow more Pood Campaign of the Government of India by bringing under cultivation as much land as possible the appellant society approached the Government of Uttar Pradesh through the Government of India for lettiag out to it the above land so that the same could be brought under plough. By a letter dated 7th September, 1949, Shri A. D. Pandit, the then Secretary to the Government of Uttar Pradesh expressed the willingness of his Government to lease out 928. 8 acres of its land situated in the Union Territory of Delhi for a period of 10 years OB a rent of Rs. 40. 000. 00 for the first year and Rs 50,000. 00 per annum for the remaining 9 years on certain conditions. Since the Government of India was itself not prepared to take the land on lea se from the Government of Uttar Pradesh it suggested that the land may be leased out by the Government of Uttar Pradesh directly to the appellant -society. By a letter dated 15th September, 1949, the State Government conveyed its willingness to lease out the land to the appellant provided the latter deposited one years rent in advance. The appellant accepted this offer and deposited the amount. A lease deed was then executed on or about l3th November, 1950 between the appellant and the Governor of Uttar Pradesh in which a note was appended at the end that for want of full records 810 acres were being entered as leased out to the appellant but the area was Subject to verification and amendment. Possession of some land was given to the appellant on 1st November, 1949, even prior to the execution of the lease-deed or grant. In may, 1955 actual measurements were carried out on the spot and it transpired that the area of the land handed over to the appellant was only 810 acres The appellant thereupon represented to the Government of Uttar Pradesh that since the original rent had been fixed on the basis of 928. 8 acres being let out, a proportionate reduction in the rent should be made in view of only 810 acres having been Jet out to it. Several meetings were held in this connection and the Executive Engineer of the Agra Canal Department of the Uttar Pradesh Government recommonded a proportionate reducticn in the rent. Whether this proposal was ever considered by the Government of Uttar Pradesh is not clear on record
( 3 ) THE appellant aid pay some moneys but kept on agitating about Jental being re-fixed. Uttar Pradesh Government, on the other band, did not decide this question and on 26th July, 1970 the Executive Engineer of the Upper Division, Agra Canal Mithura (Under whose charge these lands were) gave a note to the appellant to arrange to pay a total sum of Rs. 4,48 978. 55 as lease money and interest due till then within 30 days failing which legal action to enforce the payment will be taken. It appears that the appellant did rot pay this amount and so the said Executive Engineer acting for the State of Uttar Pradesh took recourse to section 3 of the Revenue Recovery Act and asked for sending of a certificate by the Collector of Mathura to the Collector of Delhi to recover the amount due to the Uttar Pradesh Government as arrears of land revenue. In the certificate dated 23td February, 1961 that was actually sent the amount claimed was Rs. 4,73,038. 52. Another certificate for Rs. 2,41,923. 74 was sent on 4th February, 1964. The collector of Delhi in accordance with the provisions of the Revenue Recovery Act. , 1890 i
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