Punjab-Haryana High Court
The State Of Punjab vs Ram Lal Trust (Regd.) And Another on 14 September, 2012
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.7965 of 2007 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.7965 of 2007
Date of Decision:14.9.2012
The State of Punjab ...... Petitioner
Versus
Ram Lal Trust (Regd.) and another ...... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
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Present: Mr. D.S. Mann, A.A.G. Punjab for the petitioner.
Mr. Pawan Kumar, Sr. Advocate with
Mr. Mohd. Shameen and Mr. Anshuman Mandhar, Advocates
for respondent.
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1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
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RAJIV NARAIN RAINA, J.
The State of Punjab in the department of Medical Education and Research is the petitioner before this Court in this petition filed under Articles 226 and 227 of the constitution of India.
Challenge in the present petition is to the order dated 18.1.2007 passed by the learned Additional District Judge, Amritsar, in Civil Petition No.28 of 2002 under Section 7 of Charitable and Religious Trusts Act, 1920 (for short "the 1920 Act"). Section 12 of the Act bars appeals from orders passed under Section 7 of the 1920 Act.
By the impugned order, the petitioning Ram Lal Trust (Regd.) has been ordered to be handed over by the petitioner the management, administration and control of Ram Lal Free Eye, Ear and Nose Hospital CWP No.7965 of 2007 2 Majitha Road, Amritsar (for short "the Trust hospital") to its parent Trust i.e. Ram Lal Trust (Regd.).
The brief facts are that a public charitable trust was formed by Sarvshri Charan Dass, Durga Dass, Muni Lal, Shankar Dass son of Sh. Ram Lal and Smt. Shama Devi widow of Sh. Ram Lal, known as Ram Lal Trust which was duly registered under the 1920 Act at Amritsar before the partition of the country. The trust intended to start and run a free Eye, Ear and Nose Hospital at Majitha Road, Amritsar in the year 1946 in a property/building owned by the trust. After partition of the country, the Government of East Punjab came into existence and an agreement was made between the trust and the Government that the latter would take up the administration and management of the hospital for a training facility of the students of the then Glancy Medical College, Amritsar as the influx of students had increased by reason of migration on partition from the King Edward Medical College, Lahore to Amritsar. To give life to the agreement, a petition under Section 7 of the Act was filed by the Trustees on 28.5.1948 for permission to transfer the management of the hospital to the East Punjab Government. The Civil Miscellaneous Application No.3 of 1948 was allowed by the Court vide order dated 9.8.1948 and the management of the hospital came to vest thereafter in State Government.
In pursuance of the order dated 9.8.1948, a formal agreement in writing was drawn and executed on 7.1.1954 between the Trustees of Ram Lal Trust (Regd.) and the Secretary to Government of Punjab, Health & Local Government Department on behalf of the Governor of Punjab. By this agreement, the Government was obliged to maintain the movable and immovable properties of the Trust hospital in satisfactory state of repairs at CWP No.7965 of 2007 3 its own cost; the Government was not given right to make permanent additions and alterations to the existing building/s of the hospital or to erect new building on the said premises except with the prior consent of the trustees; an Advisory Committee was formed to look after the management and administration of the hospital consisting of no more than 5 members of whom not less than 3 shall be the Trustees or their members and nominees; the State Government would have no power to remove trust members or nominees on the Advisory Committee. Clause (d) is relevant for decision in the present matter and reads thus:
"(d) If in the opinion of the Trustees, Government does not carry out the terms and condition hereof or fail to properly manage the Hospital, the Trust shall be at liberty to resume management control and administration giving to the Government written notice of not less then 2 years of their said intention."
Over a period of time, the hospital fell into disrepair and on contiguous but separate land belonging to the Government the State set up a full-fledged hospital which is running.
As the trust hospital was not being used for the purposes intended and wore a deserted look the Trustees formed an opinion that the purpose of the trust was not being fulfilled or carried out and the hospital was not being properly managed by the State government. Accordingly, it invoked Clause 11 of the Agreement dated 7.1.1954 which inter alia provides that if in the opinion of the Trustees, the Government does not carry out the terms and conditions of the agreement or fails to properly manage the hospital, the Trustees would be at liberty to resume management, control and administration on giving to Government written notice of not less than 2 years of their said intention.
Accordingly, a notice dated 24.8.2000 was served on the CWP No.7965 of 2007 4 Government and its functionaries for handing over the administration of the hospital to the trust. The notice did not elicit response. The trust followed it up by reminder letters requesting intervention of the Chief Minister, Punjab; for formation of Advisory Committee etc. in terms of the agreement which also did not evoke any response from the government quarters which led to publication of notice in the print media on 24.1.2001 and 26.4.2011 and then on 10.7.2001 at the instance of the Trust. The Director, Research & Medical Education, Punjab, Chandigarh and the Principal Secretary, Department of Research and Medical Education Punjab, Chandigarh were moved with a request to hand over the control and management of the hospital to the parent Trust. This resulted in inspection of the site. It was found that except in 2 or 3 rooms which were being used as General Ward with 10 -12 patients admitted, there were no medical education facilities available inside the premises of the hospital. There was neither clinical laboratory nor operation theater/OPD/Library or class room or any other emergency facilities. The rooms were lying vacant in a deplorable condition. As no remedial action was taken by the petitioner-State, the Trust issued notice dated 12.4.2001 under Section 80 of the Code of Civil Procedure on the State Government.
In these premises, petition dated 9.2.2002 under Section 7 of the 1920 Act was moved by the respondent Trust with a prayer for direction to hand over the management and control of the hospital to it. The period of the notice demanding back the management of the hospital expired on 24.8.2002.
The learned Additional District Judge has answered the main issue No.1 in favour of the Trust and held that since shortcomings in CWP No.7965 of 2007 5 running of the hospital was found as admitted by the Senior Level Committee headed by Sh Harjit Singh that inspected the hospital and consisting of Senior Functionaries of Government, there was no reason why the Trust should not be entitled to get back the management and control of the hospital in terms of Clause 11 of the agreement Ex.A-3.
Aggrieved by the order passed by the learned Additional District Judge dated 18.1.2007, the State has filed the present writ petition. The Division Bench of this Court by order dated 15.7.2008 in order to ascertain the true position obtaining at site with respect to the hospital run on trust property measuring 10 kanals 15 marlas of land and the adjoining Government ENT Hospital comprising 36 kanals and 16 marlas of land deemed it fit to call for an independent report regarding the nature of services provided and status of management by the Government of the Trust Hospital as well as to ascertain the condition of the building and the use to which the Trust property is being put. The learned District Judge, Jalandhar was asked to do so.
The learned District Judge, Jalandhar, submitted report to this Court in September 2008 after visiting the spot on 28.3.2008. The 9 page report discloses an utter state of neglect of the property and the dilapidated condition of the building, rooms, bathrooms etc. The learned District Judge found the property being put to marginal use and at the time of visit class of final professional of MBBS students was in progress with one Dr. Preeti teaching. The number of students was about 10. He found 10 beds occupied by patients at the time of visit.
When this matter came up for final hearing before this Court on 7.9.2012, this Court called upon the learned counsel for the State of Punjab CWP No.7965 of 2007 6 to obtain and file sufficient number of photographs taken from outside and within the building at site to know of the ground land situation obtaining. This Court with a view to reduce any chances of faking activities at site ordered that the needful be done within two days through the office of the Deputy Commissioner, Amritsar and committed the Trustees to remain present on site when the photographs were taken.
Mr. Mann, learned AAG, Punjab has produced a set of 54 photographs taken on 11.9.2012 before this Court which are taken on record and a set of the same has been supplied to Mr Pawan Kumar, learned senior counsel appearing for the respondent trust. These photographs tell a sad story of what I may call an apology for a hospital. The premises are over grown with bushes and weeds. The buildings' indoors are in abject disrepair. From outside they look as bad. The property seems to have remained in long disuse. There is no life seen in the pictures which present a desolate look. The State cannot be seen to run a full-fledged ENT Hospital adjoining the Trust hospital and leaving the Trust property to crumble in the name of managing it under the agreement. It appears that much water has flown under the bridge since the report of the Learned District Judge, Jalandhar was submitted in 2008. The government has long rested sanguine on that report which showed some dying embers of life but has caused further decay of the Trust hospital. If the petitioner is not serious in rehabilitating the hospital it has no business to run it to the detrement of the Ram Lal Trust. It cannot have a dog in the manger attitude. After seeing the photographs, which are better than a thousand words, I have not a shadow of doubt that this is a fit case where the respondent-Trust should be permitted to use the teeth of Clause 11 against the petitioner even though CWP No.7965 of 2007 7 the order impugned in the writ petition may be a little sketchy and inarticulate. The same, however, at least notices the report 2001 (Annexure R-2) of Sh Harjit Singh, Special Secretary, Medical Education & Research, Punjab which contains sufficient reason to hold that Government is non serious and is mismanaging the Trust Hospital. I would, however, endorse the conclusion of the learned Additional District Judge, Amritsar with the picture presented before this Court at the final hearing that the management of the hospital should be returned to the parent Trust as indisputably it continues to be owner of the property and there is apparent complete cessation of hospital activity at site. The petitioner department has forsaken it duty under the agreement to act as a benevolent caregiver to the ailing. The writ petition is consequently dismissed with token costs of Rs 20,000/- to be paid to the respondent trust by the petitioner for the former to start the renovation of the building which does not appear fit enough for human habitation what to talk of patients.
( RAJIV NARAIN RAINA ) JUDGE 14.9.2012 rajeev