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2012(2) LAW HERALD (P&H) (DB) 1155
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mr. Justice A.N. Jindal
Civil Writ Petition No.17979 of 2011
Jagtar Singh etc.
v.
State of Punjab etc.
{Decided on 09/02/2012}
(A) Transfer of Property Act, 1882, S.10--Sale deed--Challenge to--Whether land was sold to State Govt. or Baba Farid University--Agreement and sale deeds shows that the Vendee was the State Government--Acceptance of sale by the Vice Chancellor of University is an additional endorsement, but the recitals in agreement to sell and the sale deeds clearly show that it was a sale in favour of the State Government alone--Mutation produced by petitioners shows that the land is recorded in ownership of the State Government C/o Baba Farid University of Health Sciences--Neither the agreement nor the sale deeds are in favour of by or on behalf of the University--Stand of the petitioners that it was a cultivable land, stand rebutted by the jamabandies produced by the petitioners themselves, wherein the land is recorded as Banjar Quadim in the jamabandi--More so, for such land, the Collector’s rate was Rs.1,50,000/-, but the sale deeds were executed at three times of the said Collector’s rate i.e. Rs.4,50,000/- per acre--Therefore, it is a voluntary sale executed by the petitioners for consideration with their free will and consent--It is not a case of any fraud or misrepresentation, as is sought to be propounded by the petitioners during the course of arguments. (Para 13)
(B) Land Acquisition Act, 1894, S.3(aa), 3(f)--Sale deed--Land sold to Govt.--Change of Public Purpose--Though the land was not acquired under the provisions of Land Acquisition Act, but still applying the principles of acquisition under the Act, the public purpose for which the land is acquired can always be changed to another public purpose by the State Government for optimum utilization of the land--Requirements of community keep on varying--Scheme can be varied to meet the changing needs of the public--Mere change of purpose does not entitle land owners to dispute the sale deeds--Land has not been acquired but purchased--Therefore, in terms of S.10 of the Transfer of Property Act any condition in respect of use of land is void--Transfer of Property Act, 1882, S.10--Punjab Regional and Town Planning Act and Development Act, 1995, S.17.
In the sale deeds, there is no condition in respect of use thereof, though, it is recited that land has been purchased for the purpose of University--University has no objection for the transfer--Therefore, the petitioners, who have parted with their land and accepted compensation more than a decade earlier cannot be permitted to dispute the transfer of land.
(Paras 27 & 28)
(C) Transfer of Property Act, 1882, S.10--Sale deed--Challenge to--Land sold to State Govt.--Writ Jurisdiction--In appropriate cases, the High Court has jurisdiction to examine disputed question of fact, but whether such jurisdiction could be exercised or not, is dependent upon the judicial discretion to be exercised by the High Court in the facts of each case--Existence of jurisdiction is one thing than to exercise the same in the facts of a particular case is altogether another thing--Petitioners has not made out a case for avoiding sale deeds after more than ten years only for the reason, the land has been transferred to a local authority, constituted under the State Act--If the State Government has decided to consolidate the land of different Departments with a view to optimum utilization and functionality of the same--There is no fraud much less any illegality or irregularity, which may warrant any interference in writ jurisdiction. (Paras 29 & 30)
Mr. Hemant Gupta, J.: - The petitioners i.e. the vendors of the sale deeds executed in respect of land measuring 59 Acres 1 Kanal 19 Marlas in the year 2000, have sought to annul such sale deeds in the present writ petition.
2. The brief facts out of which the present writ petition arises are that the State Government has initially published a notification dated 07.07.1998 (Annexure R-1) under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) intending to acquire land measuring 122 Acres 2 Kanals 7 Marlas for a public purpose namely for setting up the ‘Baba Farid University of Health Sciences, Faridkot’ (for short the University). After such notification was published, the landowners entered into agreements with the State Government for sale of such land. One of the such agreements is annexed as Annexure P-4 (dated 29.07.1999), wherein the landowners agreed to sell their shares of property to the State Government at the rate of Rs.4,50,000/- per acre for the purpose of establishing the University. On behalf of the State Government, the agreement was signed by the Secretary, Medical Education & Research Department, Punjab; Deputy Commissioner, Faridkot; Director, Research & Medical Education, Punjab and also by Vice Chancellor, Baba Farid University of Health Sciences, Faridkot. After the such agreements were executed, separate sale deeds were executed by the landowners in the month of July, 2000. Such sale deeds are appended as Annexure P-5/1 to P-5/51. Such sale deeds are also signed on behalf of the State Government i.e. the Secretary, Medical Education & Research Department, Punjab; Deputy Commissioner, Faridkot; Director, Research & Medical Education, Punjab and also by Vice Chancellor, Baba Farid University of Health Sciences, Faridkot.
3. The grievance of the petitioners is that they have agreed to sell their land to the State Government in view of the threat of the State Government to acquire the land under the provisions of the Act, but for a public purpose i.e. for establishment of ‘Baba Farid University of Health Sciences, Faridkot’. But now the State Government has issued a notification on 17.06.2011 (Annexure P-1) transferring 86 Acres 6 Marlas of land belonging to the University to Punjab Urban Development Authority (for short ‘PUDA’); 25 Acres 5 Kanals 19 Marlas of land belonging to Department of Home Affairs & Justice (Jail Branch) to the University and; 11 Acres 4 Kanals 11 Marlas of land which is in possession of Principal’s Office of Guru Gobind Singh Medical College, Faridkot to the University. It is averred that such transfer of land is fraud with the vendors, as the land was intended to be acquired for the establishment of University and the sale deed were executed for the said purpose only. Therefore, the State Government cannot transfer the said land for a different purpose.
4. In the written statement, it was averred that no doubt the notification under Section 4 of the Act was issued expressing intention of the State Government to acquire the land, but no compulsory acquisition took place and the notification under Section 4 of the Act was not given effect to. The land was sold with mutual consent at the rate of Rs.4,50,000/- per acre. The land was purchased by the State Government and mutated in its favour, but the State Government in due course transferred 158 Acres of land in the name of Baba Farid University in parcels over the period of time. It is further averred that the University is a statutory creation under “The Baba Farid University of Health Sciences Act, 1998” (Punjab Act No.18 of 1998). It has been explained that the part of land reserved for the University was transferred to the Jail Department for construction of Modern Jail Complex at Faridkot and to PUDA under OUVGL Scheme. It is also pointed out that such land is situated across the Rajasthan canal and even across the railway crossing, which is hurdle for the development of the University. The University was
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