Alok Sharma, J. - (1.) THE issue in this writ petition is with regard to the allotment price of land to a charitable institution, engaged in imparting education, under the then extant policy of the State Government. The case set up in the petition is that price at which 30 acres of land was allotted to petitioner society, a charitable institution, was wholly excessive, discriminatory and without reference to the governing policy for such allotment. In the circumstances it has been prayed that the respondent Jaipur Development Authority (hereinafter 'JDA') be directed to allot 15 hectares of land to petitioner society in terms of letter of intent (LOI) issued therefor on 30 -12 -2005 at 50% of the then prevailing DLC rates for agricultural land. It has also been prayed that the demand notice dated 30 -3 -2010 by which the petitioner society has been allotted 30 acres of land at 40% of the then current institutional price along with interest and penalty be quashed.
(2.) THE facts of the case are that the Government of Rajasthan at the time relevant to the filing of the writ petition had an ongoing policy for allotment of land inter alia to educational institutions, including those seeking to set up a university, at a concessional rate. The petitioner society engaged in the field of education since 1938 and running various schools and colleges with a strength of students of about 6500, in terms of State Government's land allotment policy applied for allotment of 15 hectare of land in khasra Nos. 251, 254, 255, 256, 257, 258, 259, 260, 261, 266, 610, 611, 613 and 619 in village Rajawas, Sikar Road Jaipur for setting up a University. Vide letter dated 30 -12 -2005 the JDA issued a letter of intent to the petitioner society qua the aforesaid land on the condition that within three months of the said LOI the petitioner society obtain NOC from the State Government for setting up University and that it also take steps for change of land in issue, then recorded as rural under the Jaipur Master Plan, to institutional. The time provided for in LOI dated 30 -12 -2005 for the two aforesaid compliances was extended and finally the NOC having been obtained from the State Government and change of land use in the Jaipur Master Plan from Rural to Institutional having been obtained, the JDA's Land and Property Disposal Committee in its 43rd meeting forwarded the case of the petitioner society to State Government for grant of sanction for allotment of 30 acres of land to petitioner society, as also to determine the rate at which the land was to be allotted. Vide letter dated 29 -1 -2007 addressed to the Secretary Urban Development Housing Department the petitioner society requested the State Government to make the allotment of land 30 acres to the society at 50% of the DLC rate for the reason that (i) the society had been functional as an institution of repute in the field education for the last several decades; (ii) was a charitable recognized trust under Section 12A of the Income Tax Act, 1961 (hereinafter 'the Act of 1961'), (iii) was in the process of setting up the first Research and Development based University, and (iv) under the then current policy of the State Government similarly placed applicants had also been allotted land at such a concessional rate. Vide letter dated 4 -4 -2008, the State Government in a communication to Secretary JDA sanctioned allotment of 30 acres of land to the petitioner Society for setting up a university in village Rajawas Tehsil Amer and determined the allotment rate therefor at the reserve institutional price i.e. Rs. 3150/ - per sq. meter. The JDA consequently vide letter dated 13 -5 -2008 issued a demand notice to the petitioner society aggregating to Rs. 38,62,22,938/ - for allotment of 30 acres of land to set up a University.
(3.) THE petitioner society apparently dissatisfied with the rate at which the allotment had been made, finding it to be both arbitrary and discriminatory, yet deposited an amount Rs. 3,86,22,294/ - i.e. 10% of the amount of demand notice, while soon making a representation to the Secretary Urban Development Housing on 20 -6 -2008 praying for reconsideration of the rate at which allotment was to be made to it. The reasons for allotment at 50% of the DLC rate as set out in the petitioner society's letter dated 29 -1 -2007 were reiterated. Following the letter dated 20 -6 -2008 the State Government required the JDA to submit its comments on the petitioner society's representation for a lower rate of allotment. JDA vide letter dated 28 -7 -2008 forwarded the case of petitioner society for a lower allotment rate then the institutional reserve price. Vide letter dated 6 -10 -2008 the Deputy Secretary UDH, Government of Rajasthan communicated to the JDA the State's decision on the allotment price being 40% of the Institutional reserve price for allotment of land to the petitioner society.;