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2013 Supreme(MP) 642
MADHYA PRADESH HIGH COURT
N.K. Mody, J.
Mahaveer Trust Indore v. The Additional Collector, District Indore and others
Writ Petition No.6933 of 2013 (Indore); Decided on 29.11.2013.
Vishal Baheti for petitioner;
Bhuwan Deshmukh, Government Advocate for respondents No.1 to 3;
Respondent No.4 in person;
Anurag Baijal and Puja Bhagchandani (Ms.) for intervener.
Headnote:Land Revenue Code, 1959 (M.P.) -- S.182 -- land given to trust on lease for certain activities of social welfare -- such activities not started even after more than 25 years -- land used for commercial benefit -- order of Additional Collector for trust to get the matter decided from State Government not justified -- accordingly quashed -- direction to District Magistrate to find out the violation of terms of the agreement and pass the appropriate order in that regard.
Held : From perusal of the record it is evident that at the time when lease was granted in the year 1986 it was the trust who was to invest for development of Child Development Centre and Research Institute. In the application submitted by the petitioner Trust also it was not requested that the land be given on lease on token rent and after generating the money from the land petitioner Trust shall develop the Child Development Centre and Research Institute. In the year 1996 also why Government permitted the petitioner trust to raise shopping arcade which was against the lease deed, is not clear. Similarly it is also not clear that why the notice was not published in leading newspaper and why only two days time was given for submitting the tender. Similarly it is not clear why tenders were called in sealed cover and no auction was held between the tenderers after opening the tenders.
Submission made by the counsel for the petitioner that in fact the land was gifted to the petitioner trust or was given in grant is having no foundation. On the contrary the submissions made by the learned counsel shows the intention of the petitioner Trust are not bona fide as now the claim is being made relating to ownership of the petitioner Trust on the land in question.
Hkw&jktLo lafgrk] 1959 ¼e-iz-½ && /kkjk 182 && U;kl dks lekt dY;k.k dh dfri; xfrfof/k;ksa ds fy, iV~Vs ij Hkwfe nh xbZ && 25 o”kZ ls vf/kd ds i’pkr~ Hkh ;s xfrfof/k;k¡ izkjaHk ugha && Hkwfe okf.kfT;d Qk;ns ds fy, iz;qDr && vfrfjDr dyDVj dk jkT; ljdkj ls ekeys dk fofu’p; djokus ds fy, U;kl dks fn;k x;k vkns’k U;klaxr ugha && rn~uqlkj vfHk[kafMr && ftyk eftLVªsV dks djkj ds fuca/kuksa ds vfrØe.k dk irk djus rFkk ml ckjs esa leqfpr vkns’k ikfjr djus dk vkns’kA
vfHkfu/kkZfjr % vfHkys[k ds ifj’khyu ls ;g Li”V gS fd ml le; tc o”kZ 1986 esa iV~Vk Lohd`r fd;k x;k U;kl dks gh cky fodkl dsanz rFkk vuqla/kku laLFkku ds fodkl ds fy, /ku yxkuk FkkA ;kph U;kl }kjk izLrqr vkosnu esa Hkh ;g izkFkZuk ugha dh xbZ Fkh fd Hkwfe iV~Vs ij izrhd HkkM+s ij nh tk, rFkk Hkwfe ls /ku dk vtZu djus ds i’pkr~ ;kph U;kl cky fodkl dsUnz rFKk vuqla/kku laLFkku dk fodkl djsxkA o”kZ 1996 esa Hkh ljdkj us ;kph U;kl dks cktkj cukus dh vuqKk] tks iV~Vk foys[k ds fo:) Fkh] D;ksa nh] ;g Li”V ugha gSA blh izdkj ;g Hkh Li”V ugha gS fd lwpuk izeq[k lekpkj&i= esa izdkf’kr D;ksa ugha dh xbZ rFkk fufonk izLrqr djus ds fy, dsoy nks fnu dk le; D;ksa fn;k x;kA blh izdkj ;g Li”V ugha gS fd fufonk,a lhycan fyQkQs esa D;ksa e¡xkbZ xbZa rFkk fufonk,a [kksyus ds i’pkr~ fufonkdkjksa ds e/; dksbZ uhykeh D;ksa ugha dh xbZA ;kph dh vksj ls dkmUlsy }kjk fd, x, fuosnu dk fd okLro esa Hkwfe ;kph U;kl dks nku nh ;k vuqnku esa nh xbZ Fkh] dksbZ vk/kkj ugha gSA blds izfrdwy fo}ku dkmUlsy }kjk fd, x, fuosnuksa ls ;g nf’kZr gksrk gS fd ;kph U;kl dk vk’k; ln~Hkkoiw.kZ ugha gS D;ksafd vc iz’uxr Hkwfe ij ;kph U;kl ds LokfeRo ls lacaf/kr nkok fd;k tk jgk gSA
1. This order shall also govern the disposal of Writ Petition No.3802/13 as in both the petitions order under challenge is dated 21.12.2012 passed by Additionjal Collector, Indore in Case No.3-A/39/11-12 whereby petitioner Trust is restrained from raising the construction. In Writ Petition No.6933/13 the order is challenged by the petitioner and in Writ Petition No.3802/13 the same order is challenged by respondent No.4.
2. Undisputed facts of the case are that petitioner is a trust which was constituted vide trust dated 31.5.1975. Upon the application filed by petitioner Trust it was registered as Public Trust vide order dated 27.5.1977 passed by Registrar, Public Trust, Indore. Upon the application filed by petitioner Trust a piece of land measuring 42536 sq.ft. bearing survey No.403 situated just opposite to Regal Theater, Indore was allotted to the petitioner on lease on payment of rent of Re.1/- per year for establishment of Research Institute and Child Development Centre. As per terms of lease the construction was to be completed within three years. After execution of lease deed dated 20.5.1986 no activities were started within the stipulated time mentioned in the lease agreement. Upon application, permission was given to the petitioner by Joint Director, Town and Country Planning, Indore in the year 1988, but no construction activities were started by the petitioner Trust. Vide order dated 27.1.1996 petitioner Trust was permitted to raise commercial arcade on a piece of land measuring 12117 sq.ft. out of 42536 sq.ft., which was also approved by the Municipal Corporation, Indore vide order dated 26.2.1996. Thus, in spite of default for a period of long ten years, petitioner Trust was permitted to raise the shopping arcade on piece of land measuring 12117 sq.ft. of land upon depositing premium of Rs.72,70,200/- and yearly lease rent of Rs.5,45,265/-. By this order petitioner Trust was further directed as under :
1. Shops which will be constructed by the petitioner Trust shall be auctioned and the amount received in auction shall be deposited by the petitioner Trust in trust account.
2. The auction shall be conducted by the Collector, Indore or his representative and the property shall be given to the highest bidder.
3. The amount received in auction shall be used for the activities of the petitioner Trust and not otherwise.
4. If any part of the property is not being used for the purpose for which it was leased out, then State Government shall be entitled to take back possession of the land without any notice.
3. In compliance of order dated 4.9.1995 Registrar, Public Trusts, Indore also passed the order on 5.5.1997. An advertisement was published by the petitioner Trust for auction on 12.12.1997 and on 15.12.1997 property was auctioned in favour of M/s. Icon Builders on payment of an amount of Rs.1,35,00,000/-. This amount was never deposited in full as it is only Rs.1,19,00,000/-, which was deposited with the petitioner Trust. However, it appears that four shops on ground floor and basement were given to the petitioner Trust, for which permission was given by the State Government vide order dated 21.8.2000 to lease out the same in favour of Corporation Bank. Vide order dated 11.9.2000 Registrar Public Trusts, Indore permitted the petitioner Trust to lease out the premises to the Corporation Bank for a period of 10 years on rent. Presently the petitioner Trust was receiving rent @ Rs.2,03,000/- per month. Since the construction was not raised by the petitioner Trust in time, therefore, proceedings were initiated under section 182 of MPLRC. Upon furnishing a bond to the effect that the petitioner shall complete the construction in time, vide order dated 7.12.2006 petitioner Trust was permitted to complete the construction within a period of three years. In compliance of the order dated 7.12.2006 proceedings initiated against the petitioner Trust under section 182 MPLRC were dropped vide order dated 20.8.2008. Vide order d
