Delhi High Court - Orders
Baba Gopal Dass Sahib (Talib) Trust vs Baba Gopal Dass Sahib Talib Darvesh ... on 1 December, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 218/2017, I.A. 6108/2017, 6461/2017, 5476/2018, 8462/2018,
3627/2019 & 16522/2019.
BABA GOPAL DASS SAHIB (TALIB) TRUST ..... Plaintiff
Through: Mr.Venancio D'Costa, Ms.Astha,
Mr.Himanshu Sharma and Ms.Gauri
Goel, Advocates.
versus
BABA GOPAL DASS SAHIB TALIB DARVESH ASTHAN
SEWAK SABHA (REGD) & OTHERS ..... Defendants
Through: Mr.Shailendra Bhardwaj and Mr.R.P.
Singh Pal, Advocates for D1 and D8.
Mr.Surender Kumar, Advocate for
Mr.Dev P. Bhardwaj, CGSC.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 01.12.2021 I.A. 8797/2021
1. This application is filed by the plaintiff under Order 39 Rule 1 and 2 CPC read with Section 151 CPC seeking permission for construction of an old-age home in the vacant area/land in the vicinity of Darvesh Asthan and/or permitting the plaintiff trust to utilize a portion of the already existing constructed building situated in the said property i.e. Darvesh Asthan for converting it into old-age home.
2. It is the submission of the learned counsel for the plaintiff on 15.01.1955 the society viz. Darvesh Asthan Sewak Sabha was established for charitable purposes. The memorandum of association of the Darvesh Asthan Sewak Sabha within its aims and objects can hold sufi samagams; langars for the disabled and celebrate the anniversaries of sufis. Its governing body has a managing committee of 11 members. However, on 03.01.1991, Baba Gopal Das Sabib Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.12.2021 15:17 Talib expired and his disciple Mateshwari Pujya Amma Kamla Sahib Ji was made Gaddi Nashin and she became the president of the Darvesh Asthan Sewak Sabha.
3. Elections were conducted in the year 2006, but since there has been no statutory compliances and/or maintenance of the property in possession of society hence the society become defunct over a period of time and thus Amma Ji created a Public Charitable Trust on 20.03.2014, and got it registered. One of the objects of trust was to provide rooms for aged or under-privileged persons. The maintenance of Darvesh Asthan Sewak Sabha was also one of the main object of the trust.
4. It is the submission the plaintiff trust has an amount of Rs.2,51,85,000/- solely kept for construction of an old-age home and it needs to be utilised prior to March, 2022 otherwise the plaintiff would have to pay 30% of that amount to income-tax. It is submitted by the learned counsel for the plaintiff in case the defendants are not agreeable for construction of an old-age home then in such event the permission may be granted to utilise a portion of already existing building by converting it into an old-age home. Learned counsel for the defendants, who represents the Sabha, which the plaintiff alleges has become defunct, submits there are certain other issues which need to be settled in mediation, including the present one.
5. Considering both the parties are working for the benefit of the Darvesh Asthan Sewak Sabha, it would be appropriate if they appear before the Organising Secretary of the Delhi High Court Mediation and Conciliation Centre, New Delhi for settlement of all the issues.
6. Learned counsel for the Land and Development Officer(L&DO) appears and submits as per the record Sant. Gopal Das, President of the Sabha occupied Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.12.2021 15:17 the land and erected some structures without obtaining the permission/allotment of the Govt. land from Notified Area Committee (NAC) since 1954 and the said land was later transferred to the Land and Development Office in 1958.
7. The Sabha had been paying charges prescribed by the Govt. from time to time accordingly the extension for regularization of unauthorized occupation was granted upto 14.01.1972. However, payment for granting extension beyond 15.01.1972 from Sabha was not deposited and thus extension was not granted, hence, Darvesh Asthan Sewak Sabha is now in unauthorized occupation since 15.01.1972.
8. In the circumstances, let the parties appear before the Organising Secretary of the Delhi High Court Mediation and Conciliation Centre, New Delhi on 03.12.2021 at 02:00PM.
9. List before court for further arguments on 11.01.2022.
YOGESH KHANNA, J.
DECEMBER 1, 2021 R Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.12.2021 15:17