Civil Writ Petition No. 17979 of 2011. Case: Jagtar Singh etc Vs State of Punjab etc. High Court of Punjab (India)
| Case Number | Civil Writ Petition No. 17979 of 2011 |
| Counsel | For Petitioner: M. L. Sarin, Sr. Adv., Nitin Sarin, Adv. and For Respondents: Sandeep Moudgil, DAG, Kanwaljit Singh, Rupinder S. Khosla, Anupam Gupta, Advs. |
| Judges | Hemant Gupta, J. and A. N. Jindal , J. |
| Issue | Transfer of Property Act (4 of 1882) - Sections 10, 54; Land Acquisition Act (1 of 1894) - Section 3(f); Punjab Regional and Town Planning and Development Act (11 of 1995) - Section 17 |
| Citation | AIR 2012 P&H 145 |
| Judgement Date | February 09, 2012 |
| Court | High Court of Punjab (India) |
Judgment:
Hemant Gupta, J.
1. 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 and Research Department, Punjab; Deputy Commissioner, Faridkot; Director, Research and 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 and Research Department, Punjab; Deputy Commissioner, Faridkot; Director, Research and 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 and 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 deeds 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 developed on Sadiq Road in view of the benefit to the public. The land of the Jail Department was transferred to the University near Sadiq Road for expansion of the University. The said land is near to the existing land belonging to the University and is more suitable for expansion of the University. It is also pointed out that the land acquired, since transferred was banjar quadim and uncultivable. Modern Jail Complex has been constructed at the cost of Rs.250 crores on the land transferred by the State Government with the consent of the University to Jail Department. It is also pointed out that the Collector rate was Rs.1,50,000/- per acre when the land was sought to be acquired, which is evident from the communication dated 03.10.1997 (Annexure R-2). But the State Government offered three times' of the Collector's rate as sale price and that all the landowners voluntarily executed the sale deeds in favour of the State Government at such price. It is averred that though the land was intended to be used for the purpose of establishment of the University, but it is open to the State Government to use the land for any other public purpose. The petitioners having executed sale deeds of their land voluntary and on acceptance of the agreed sale consideration are estopped to challenge the transfer of land.
5. In the replication filed, it is averred that the State of Punjab was neither the vendee nor a signatory to the sale deeds. It is averred that the sale deeds have to be read in consonance with the intent and object of the agreements and the same cannot be construed in any convenient and isolated fashion by the respondents. The State has no business acting as a realtor or a property dealer and certainly not at the expense of gullible citizens or pliant officials managing the affairs of the institutes of higher medical education in the State. It is also pointed out that the land is transferred under the questionable 'Optimum Utilization of Vacant Government Lands Scheme', but such Scheme as per the information provided under the Right to Information Act, 2005 deals with "...numerous pockets of Provincial Government / Nazul lands and lands belonging to various departments located within municipal limits of various towns and cities in the State which are either lying vacant or grossly under-utilized."
6. The petitioners have also attached a brochure published by the PUDA for sale of residential plots in the land so transferred. The site plan printed therein shows that the site transferred is located at a distance of 3.20 kms. from the existing site of the University at Sadiq Road and is located across railway line and the Rajasthan and Sirhind Canals. The said site is on Kotkapura-Talwandi Bhai-Faridkot byepass, whereas the existing site of University is located at Ferozepur-Kotkapura main road.
7. Learned counsel for the petitioners has vehemently argued that the agreement to sell (Annexure P-4) was to transfer the land to the University, therefore, the land cannot be used for any other purpose. The relevant parts of such agreement, translated by the petitioners and attached with the writ petition, reads as under:
"I, Rajbans Kaur wife of Veer Davinder Singh son of Sh. Rajinder Singh, am resident of Faridkot.
That Punjab Government Medical Education and Research Department has issued Notification No.22/154/91-5 H.B.-3/21946 dated 07.07.1998 regarding acquisition of land for the establishment of Baba Farid Univesity of Health Sciences, Faridkot, in this regard my land which is situated at Talwandi Road, Faridkot, measuring 40 Kanal 12 Marla bearing khasra numbers........ I promised that my above land and property coming under the above notification, I promised to sell the same on the following conditions to Punjab Government for the establishment of Baba Farid University of Health Sciences, Faridkot:
1. That I promise that the land given to the Government regarding above to Government/Baba Farid University of Health Sciences, Faridkot, and against this, on this price I will not raise objection in any court. If I violate the conditions of this agreement then I will pay Rs.27,78,170/- as fine to the Government.
xxx xxx
7. That area entered in the agreement have no dispute till date. If at any time there is any dispute regarding this area then with that Government/Baba Farid University of Health Sciences have no concern and neither Government/Baba Farid University of Health Sciences (vendee) will have any responsibility. And if there is any loss then I will be personally responsible and my ancestral property and other property wherever it is situated in any shape will be responsible. Both the parties will be bound on the above agreement.
Therefore, this agreement has been written, so that it can be used at a relevant time
8. After the said agreement, the sale deeds were also executed. The relevant extract from one of the sale deeds Annexure P-5/1 reads as under:
This deed has been executed today, on 11.7.2000, between Sh. Jagtar Singh son of Sh. Jarnail Singh son of Sh. Harnam Singh, resident of Faridkot (which expression shall, unless include his respective legal heirs, executors, who will be hereinafter referred as 'VENDOR-cum-1st party' AND Governor, Punjab, through Department of Medical Education and Research, which will be hereinafter referred as 'VENDEE-cum-2nd party'/
Whereas the property of vendor, as detailed herein below and the land, is required by the Government for public purpose i.e. Establishment of Baba Farid University of Health Sciences, regarding which, Notification No.22/154/91-5 H.B.-3/21946 dated 07.07.1998 under Section 4 of Land Acquisition Act, 1894 was issued by Government of Punjab, Department of Medical Education and Research. It has been decided that the said land may be purchased by way of mutual discussion......
....... I had entered into an agreement to sell, registered at Sr.No.1946 dated 3.8.99 in favour of Punjab Government...
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