Rotary Bhawan Society, Jammu vs Sunil Gupta

Mr. N. Paul Vasanthakumar, C.J. - This appeal is filed by the appellant challenging order of the learned Single Judge dated 09.11.2004 made

in OWP No. 988/1998, giving directions not to use the Rotary Bhawan (Community Hall) for the purpose of holding marriage

parties/receptions/Kirtans or serving liquor or allied activities and giving liberty to use the Rotary Bhawan for holding of club meetings, conferences

and even for uthalas and other activities of the Club for which the club has been formed and the park adjacent to the community hall shall be

maintained by the Club in terms of the condition of allotment of land which could be used as a children recreation park without any interference

from any quarter.

It is the contention of the appellant that the land measuring 3000 sq.ft in the park (375'x255') A, Sector-D, Block, Gandhi Nagar, Jammu was

allotted to the Rotary Club, Jammu for construction of Rotary Bhawan on a long term lease basis for a period of 40 years on the condition that the

club shall pay a premium of Rs. 9000/- and an annual ground rent of Rs. 1/- with further condition that it will develop and maintain the adjacent

piece of land measuring 19,500 sq.ft. into a Children Recreation Centre. The appellant Rotary Club constructed the building and according to the

1st respondent, the said building was rented out for holding parties, marriages including cocktail dinners and for commercial, religious and social

purposes, which causes nuisance and inconvenience to the residents of the area. Therefore, the writ petition was filed with the following prayer:-

Petition under Article 226, of the Constitution of India, read with section 103, of the Constitution of Jammu and Kashmir, for issuance of an

appropriate writ, direction or order commanding the respondents No. 1-2, to demolish the encroachment made by respondent No. 3, over Park in

Sector-A, Block-D Gandhi Nagar, Jammu; further writ, direction or order commanding the respondents No. 3-4 not to permit, allow or let the

respondent No. 2, from letting out so called Rotary Bhawan, Sector A, Block-D, Gandhi Nagar, Jammu, for holding parties, marriage parties,

Dinners, Cock-tail dinners and for using the said Bhawan for any commercial religious or social purposes; or for using the same in any manner

whatsoever causing annoyance, nuisance or inconvenience to the residents of Sector A, Block D, Gandhi Nagar, Jammu"".

It is contention of the appellant that the hall is being rented to mobilize income for the purposes of paying rent to the Government and unless it is

rented out, the amount fixed as per the allotment order could not be paid.

Learned counsel appearing for the 1st respondent as well as second and 3rd respondent submitted that no permission having been granted to

carry on commercial activities in the building to be constructed as per the allotment order, the appellant is not entitled to rent out the building/hall

for commercial activities including marriage and other functions.

We have considered the rival submissions and perused the allotment order.

The allotment order issued by the Government in terms of Cabinet Decision No. 816, dated 02.10.1978, which was communicated to the

appellant through Government Order No. 292-UD of 1980, dated 22.04.1980, reads thus:-

Govemment Order No. 292-UD of 1980

Dated 22-4-1980

Sanction is accorded to:-

i) allotment of an area of land measuring 3000 sft. To the Rotary Club, Jammu, in the park (375' x 255') A Sector D Block Gandhi Nagar, Jammu

for construction of Rotary Bhavan. This allotment shall be on lease basis for a period of 40 years initially. The Club shall pay a premium of Rs.

9,000/- and an annual ground rent of Rs. 1/- subject to the condition that it will develop and maintain the adjacent piece of land measuring 19,500

sft into a Children Recreation Centre;

ii) the aforesaid club shall execute an agreement with the State Government incorporating all the terms and conditions of the lease; and

iii) allowing Lions Club to develop a Children park in an open space near Gole Market, Gandhi Nagar (Jammu) which after development will be

handed over back to the State Government for its maintenance.

By Order of the Government of Jammu and Kashmir

Sd/-

Under Secretary to Government

On perusal of the allotment order it is evident that the land was allotted for construction of Rotary Bhavan on lease basis for a period of 40

years on the condition to develop adjacent piece of land measuring 19,500 sft into a Children Recreation Centre. The condition having been

imposed to develop the piece of land into children recreation centre, which has to be made functional, the Rotary Bhavan constructed by the

appellant cannot be used for marriage/political/religious functions as well as for commercial purposes. The object of the allotment having been

mentioned with condition to maintain the adjacent park any activity to be carried out by the appellant should be without any hindrance to the

children park.

The learned Single Judge has considered this aspect and directed the club to do activities which will not create hindrance to the children

recreation centre and the learned Single Judge has prohibited the appellant from using the Rotary Bhavan/ community hall for holding marriage

parties/receptions/kirtans or serving liquor or allied activities. The said condition imposed is in tune with the allotment order issued by the

Government, based on which the appellant is in possession of the land on which it has constructed the hall.

Learned counsel appearing for the 1st respondent submitted that continuance of the Rotary Club in the park is causing hindrance to the residents

and the land which was notified as park in the Master Plan cannot be allowed to be used for any other purpose.

It is to be noted at this juncture that the allotment order was issued in the year 1980. The 1st respondent kept quiet for 18 years and is raising

the objection only in the year 1998. Even after filing of the writ petition 17 years have passed. The total period of lease granted to the appellant is

for 40 years and said period will expire in the year 2020. In such circumstances, the appellant is allowed to use the building as permitted by the

learned Single Judge in terms of the allotment order issued in the year 1980. On expiry of the period of lease, it is open to the 2nd respondent to

decide as to whether it is possible to revise the lease for further period in the light of the objections raised by the 1st respondent, that the Rotary

Bhavan is causing nuisance to the residents of the area and building constructed is bound to be demolished as it was allowed to be constructed in

violation of the Master Plan.

The appeal is dismissed with above liberty to respondent Nos. 2 and 3.

In view of the dismissal of the appeal cross appeal No. 1/2008 is also disposed of.