Full Judgment Text
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NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5308 OF 2010
SMT. KASTURIBAI SUKHARAM
KHANDELWAL TRUST .….APPELLANT(S)
VERSUS
INDORE DEVELOPMENT
AUTHORITY & ORS. .…RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 5309 OF 2010
INDORE DEVELOPMENT
AUTHORITY ….APPELLANT(S)
VERSUS
SHRI KHANDELWAL TRUST & ORS. ….RESPONDENT(S)
J U D G M E N T
Rastogi, J.
1. Both the appellants (respondents before the High Court) being
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dissatisfied with the impugned judgment dated 4 November, 2008
have preferred these appeals.
Signature Not Verified
Digitally signed by
ASHWANI KUMAR
Date: 2019.10.03
16:18:42 IST
Reason:
2. The facts in brief relevant for the purpose are that the appellant
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Smt. Kasturibai Sukharam Khandelwal Trust and the 2 respondent
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Shri Khandelwal Trust (writ petitioner) are registered public trusts.
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The 2 respondent made an application directly to the Indore
Development Authority(hereinafter referred to as “Authority”) for
allotment of land for public purpose and to carry out trust activities on
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30 September, 1988. In sequel thereto, another application was
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addressed to the then Chief Minister on 29 December, 1988 for
allotment of land for the purpose of construction of a community hall
to be used for public purposes.
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3. The authority thereafter issued an advertisement dated 7
September, 1989 inviting applications for allotment of land to
registered institutions indicating necessary requirements to be
furnished by the institutions desirous for allotment of land. In
response to the advertisement, the appellant Trust submitted an
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application on 9 October, 1989. After the applications were
processed, the authority took a decision to allot 50,000 sq. ft land in
scheme no. 54/75C in favour of the appellant Trust vide
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communication dated 2 July, 1990 and simultaneously, the
authority also communicated the decision for allotment of 30,000 sq.
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ft. of land in Scheme No. 54/74C to the 2 respondent vide
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communication dated 2 July, 1990.
4. Immediately after it reveals to the authority of the allotment
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being made to both the trusts of the same community at the same
place, the authority revisited its decision and under its Resolution no.
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21 dated 11 February, 1991 decided that it may not be advisable to
allot land to two trusts of Khandelwal community, cancelled the
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application of the 2 respondent and confirmed the allotment in
favour of the appellant Trust and that became the subject matter of
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challenge in a writ petition filed at the instance of the 2 respondent
under Article 226 of the Constitution of India.
5. The Single Judge of the High Court, after hearing the parties,
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dismissed the writ petition under its order dated 1 February, 2001
which came to be challenged in letters patent appeal. The Division
Bench of the High Court of Madhya Pradesh, taking note of the rival
claim of the parties and noticing the fact that, in the interregnum
period, the plot had also been allotted to Life Insurance
Corporation(respondent no. 4) which was nowhere the subject matter
but still taking note of the material on record and giving quietus to the
dispute, disposed of the writ petition under its order impugned dated
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4 November, 2008 with a direction to the authority to reconsider the
matter of allotment of land afresh after affording opportunity of
hearing to the parties and assess the comparative assessment and
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merit of the appellant Trust and 2 respondent and pass speaking
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order in accordance with law.
6. Mr. Ranjit Kumar, learned senior counsel for the appellant Trust
submits that the allotment could be made in terms of the Regulations
for Disposal, 1987(hereinafter being referred to as “Disposal
Regulations 1987”) which has been framed in exercise of power under
Section 58 read with Section 86 of the Madhya Pradesh Nagar Tatha
Gram Nivesh Adhiniyam, 1973 and procedure for allotment has been
provided under Chapter III and Regulation 3(A) clearly postulates that
where the authority proposes to transfer any property except as
provided under Regulation 3(B), 3(C) and 3(D), it may do so by (a)
public auction; or (b) inviting tenders or (iii) inviting applications from
eligible persons either on continuing registration basis or otherwise, as
may be specified in terms of the advertisement.
7. The present appellant Trust submitted application pursuant to
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an advertisement inviting applications dated 7 September, 1989 and
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indisputedly no application was submitted by the 2 respondent, still
the application was processed but, after noticing by the authority that
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the allotment of land to 2 respondent being in contravention of
Chapter III of Disposal Regulations, 1987, the mistake was
immediately rectified by cancelling the letter of allotment in favour of
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the 2 respondent and confirmed the allotment in favour of the
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appellant Trust under its Resolution No. 21 dated 11 February, 1991
and the decision of the Authority being in conformity with Chapter III
of Disposal Regulations, 1987, interference in writ appeal was not
justiciable and deserves to be interfered by this Court.
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8. Learned counsel further submitted that the 2 respondent does
not appear to be interested in the instant proceedings to put forth his
claim. At the same time, the present appellant had constructed a
community hall which has been used for public purposes and also by
the community for a sufficient long period and the Division Bench of
the High Court was not justified in reopening and reverting back to
square one leaving the authority to decide their respective claims at
such belated stage and, therefore, impugned judgment deserves to be
set aside.
9. Learned counsel for the appellant in the connected appeal filed
by Indore Development Authority, while supporting the submissions,
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further submits that apart from the fact that 2 respondent had not
submitted any application for allotment pursuant to an advertisement
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dated 7 September, 1989 required under Disposal Regulations, 1987,
the authority was of the view that it will not be advisable to provide
adjoining plots to one community and after revisiting the factual
matrix of the matter considered it appropriate to cancel the decision
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for allotment made in favour of the 2 respondent and there being no
error in the decision making process held by the authority, the
Division Bench of the High Court committed manifest error in
directing to revisit the whole process of allotment and that needs
interference by this Court.
10. Learned counsel further submits that so far as the allotment
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made in favour of 4 respondent(LIC) is concerned, it has nothing to
do with the allotment made in reference to the trust which is
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impugned in the proceedings and calling upon the 4 respondent(LIC)
to participate in the whole process was not justiciable.
11. Heard learned counsel for the appellants and no one has put an
appearance on behalf of the contesting respondent despite service and
with their assistance perused the material available on record.
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12. Indisputedly, the 2 respondent had not submitted any
application for allotment of land pursuant to an advertisement inviting
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applications for allotment of land dated 7 September, 1989, despite
being published in the local newspaper. At the same time, application
of the appellant Trust was found to be in order complying with the
necessary requirements as indicated in the advertisement and after
due scrutiny of the applications, plot admeasuring 50,000 sq. ft was
allotted to the appellant in Scheme No. 75C for community hall by
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letter of allotment dated 2 July, 1990.
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13. After noticing that the 2 respondent had submitted application
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for allotment of land for community hall on 30 September, 1988
directly to the Indore Development Authority and to the then Chief
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Minister of Madhya Pradesh dated 29 December, 1988 which was
erroneously processed in the office of the authority and letter of
allotment of land was issued admeasuring 30,000 sq. ft. in Scheme
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No. 74C dated 2 July, 1990 and later noticing the fact that two
separate allotments have been made in the same scheme to two
separate trusts of the same community and that being an apparent
error, the decision was taken by the authority vide its Resolution No.
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21 dated 11 February, 1991 to confirm the allotment of 50,000 sq. ft
land in favour of the present appellant at the rate of Rs. 15/ per sq. ft
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and application of the 2 respondent seeking allotment of land was
rejected.
14. It was not the case of either party that the appellant Trust either
failed to fulfil necessary conditions as referred to under the
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advertisement dated 7 September, 1989 pursuant to which the
applications were invited or failed to fulfil necessary requisite
conditions for allotment under any statutory enactment or Disposal
Regulations, 1987 or there was any error being committed by the
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authority in its decision making process while the allotment of land
was made in favour of the appellant Trust. To the contrary, the
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emphasis of the 2 respondent while approaching to the High Court in
a writ petition filed under Article 226 of the Constitution of India was
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that vide Resolution No. 21 dated 11 February, 1991, the authority
has cancelled their allotment of land without affording opportunity of
hearing and has failed to comply with the principles of natural justice
and that appears to be the reason prevailed upon to the Division
Bench of the High Court directing the Indore Development Authority to
revisit the matter of allotment of land and take a decision in
accordance with law.
15. In the instant facts and circumstances, the facts remain
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indisputed that the 2 respondent has not submitted any application
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for allotment of land pursuant to an advertisement dated 7
September, 1989. In the ordinary course of business, there was no
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justification for the authority to consider the application of the 2
respondent which was not in due compliance and in terms of the
advertisement in reference to which the applications were invited.
That appears to be an apparent error which was committed and
indeed such application was not open to scrutiny and for allotment of
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land as desired by 2 respondent and taking note of the peculiar fact
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situation, calling upon the 2 respondent and affording an
opportunity of hearing and for comparative assessment of claim, will
remain an empty formality and no purpose was to be served.
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16. In addition to it, the 2 respondent (writ petitioner) despite
service, has chosen not to appear and participate in the proceedings
before this Court, it appears that he is not interested to pursue and to
put its claim for alleged allotment. That apart, the allotment made to
the LIC, in any manner, have no nexus to the inter se dispute between
the two trusts with regard to allotment of land and thus, there was no
justification for the Division Bench at least to call upon respondent
no. 4 LIC to be a part of the proceedings which the Indore
Development Authority was to undertake in compliance of the
impugned judgment in the instant proceedings.
17. After going through the material on record, we are of the
considered view that directing the Indore Development Authority to
revisit the matter afresh at this stage when the lease deed of the plot
has been executed and the appellant has raised construction and is
running a community hall for the benefit of the public at large and at
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the same time, the 2 respondent has shown complete disinterest in
the proceedings, no purpose otherwise will be served if the parties are
remitted to the authorities to examine their respective claims in
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compliance of the impugned judgment of the Division Bench.
18. Consequently, both the appeals succeed and are accordingly
allowed. The impugned judgment of the Division Bench of the High
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Court dated 4 November, 2008 is hereby set aside. No costs.
19. Pending application(s), if any, stand disposed of.
……..…………………………………J.
(N.V. RAMANA)
……..…………………………………J.
(MOHAN M. SHANTANAGOUDAR)
………………………………………..J.
(AJAY RASTOGI)
NEW DELHI
OCTOBER 03, 2019