Ravi S.Dhavan, V.P.Goel, JJ. - (1.) The petitioner, Messrs Cawnpore Hindu Orphanage Society, 80/89, Latouche Road, Kanpur, through its Secretary, is a registered society under the Societies Registration Act, 1860. It is contended that it was formed for the welfare of the down-trodden and orphans and a rescue home for destitute women. It was started in 1943. The property is situate at No. 24, Block S, Scheme No. 4, Sisamau, Kanpur, measuring 3.14 acres. It was given on lease by the Cawnpore Improvement Trust for 999 years on a premium of Rs. 5,223 and 5 annas.
(2.) Over the years, it is admitted on record that other persons were permitted to come and occupy the land which was leased to the society and the society shut its eyes and the land was encroached. Either way, the Society is earning rent from those who occupy the land given on lease. Thus, the Kanpur Development Authority, the respondent No. 2, finding that the leased land is being utillised for a purpose otherwise than for which it was leased, put the society under notice to cancel the lease. In effect, the Kanpur Development Authority intimated that the land is being utilised negating the objects of the society.
(3.) The notice received by the Cawnpore Hindu Orphanage Society, is dated 22nd July, 1989, Annexure '7' to the writ petition. In pursuance of the proceedings following the notice came an order of 3rd November, 1989, Annexure '9' to the writ petition by which the Kanpur Development Authority gave reasons why the lease granted to the petitioner is being cancelled the land under lease, was being utilised other than for the purpose for which it was given.;