Legal Brief prepared by parents legal rep

Background

  • Sri Aurobindo Education Society (hereninafter referred as “the Society” was founded in 1964 to prepare the younger generation for a higher spiritual and harmonious life in accordance with the teachings of Sri Aurobindo and the Mother.
  • It seeks to do this by propagating and implementing “Integral Education” as envisioned by Sri Aurobindo and the Mother in its five-fold aspects : the physical, the vital, the mental, the psychic and the spiritual.
  • Over the years, the Society has started and nurtured a number of educational institutions and activities. Through our programs, institutions and activities, Sri Aurobindo Education Society seeks to inspire individuals of all ages to live spiritual and fulfilling lives.[1]
  • The Annual report of the Society for the year 2005-2005 interalia states [2]

Mirambika school and the teacher training activity has completed 25 years this year. The progress made over these 25 years has borne fruit in that there have been several occasions when Integral Education has been discussed, practised, and the approach has seen many children qualify and enter the world of work . Last year Mirambika had the opportunity to hold meetings to orient parents on Integral Education in which Partho, Mathhijs, Neeltje and Anuradha participated as resource persons. The outcome of the meetings had a far-reaching impact on creating a awareness and conviction about the implicit worth of the approach and methods.

The children took part in several activities related to sports, and a physical demonstration was held. There were tours to Ramgarh, Dalhousie and Aurovalley. As a part of the learning process, the children also went to Agra, visited several biodiversity projects in Delhi and participated in the Mathematics Olympiad. There were seminars in which our teachers presented papers on mental, vital, and physical development and shared their experiences gained through action research.

Our teachers also held teacher orientation camps in Kechla, Angul in Orissa in which teachers from Integral Schools in Orissa participated. Community service camps in Ramgarh were also held.

10 teacher-trainees completed their 3-year course and have found jobs in several schools in India.

Our volunteers also contributed to developing and using the Free Progress education principles to construct curriculum in science, mathematics and social science teaching. Mirambika’s experience was also documented in an NCERT supported study on Teacher Education: ‘The Role of the Reflective Teacher and Innovative Teacher Education Curriculum’.

This year 16 children completed their 10-year schooling in Mirambika and joined the Mother’s International School and other schools in Delhi to finish their High School. 20 new children joined the school at the Red and Blue Group level.

The Mirambika team has worked specially during this 25th year to introspect and gain from their experience to envisage new directions of growth in the future.

  • The annual function ‘Thanksgiving 2006’ was held on 24 March 2006. Besides the items presented by the students of different Groups, the teacher-trainees performed a delightful Western folk dance.

Historical Perspective of 39822 Square meter (9.84 Hectare) of land

Allotted land was 9.40 Acres however possession of 9.84 was handed over

2.1     The Society vide communication dated 18th February,1965 applied to DDA for allotment of land for establishing Aurobindo College on concessional rates. The Society was advised to get approval of Government of India, which was obtained.

2.2     That vide communication dated 8th March,1967 it was communicated by the Deputy Housing Commissioner, Delhi Administration, that a land measuring 9.40 Acres near the Aurobindo Ashram be allotted for construction of college building, hostel building and staff quarters at the fixed rate of premium and ground rent:

5 Acres for college building @5000/- per acre plus5% thereof as annual ground rent;

4.40 acres for total hostel building and staff quarters Rs. 1 lakh per acre plus Rs.1800/- per acre of annual rent [3]

2.3     The possession of land (9.40 acres) was handed over on 3rd July,1968 which was in excess by 0.44.

2.4     Society submitted the building plans prepared by M/s Kukreja Architects, but MCD refused them for want of Lease Deed.

2.5     On 25th June,1974 demarcation of land was given. Vide communication dated 26th April,1975 DDA wrote to the Society that it is still using the land for Agricultural purposes and issued the Show Cause Notice.

2.5     Vide communication dated 28th October,1975 the DDA cancelled the allotment.

2.6     The Society assailed the cancellation in the Court of Shri O P Jindal, Sub Judge, Delhi.

2.7     Sometime in the year 1980, the Society filed a case against Union of India & others for Specific Performance & Injunction.[4]

2.8     That vide order & judgment dated 16th July,1982, the suit was decreed.

The Execution of lease deeds

3.1     Vide File no:F15(1)/1969/INSTT the 39822 square meter of Land was allotted to the Society for a total consideration of Rs.1,20,000.00 vide allotment letter dated 5th March,1984.

3.2     The purpose of the land was College Building and play ground.

After the allotment was made, the Society made request to DDA and on being instructed filed an affidavit sown by the then, Secretary of the Society stating that:

that 9.84 acres of land located in Kalu Sarai is meant for MIRAMBIKA Research Center for Integral Education and Human Values. As per the details of the point, it appears that there is no proposal for the construction of a regular traditional college but the proposal is to construct a building for the following uses-

(i)            Research Wing

(ii)          Teachers training Wing

(iii)        Children Wing (Nursery section)

(iv)          Library and

(v)            Auditorium

3.3     This request was process by the DDA vide communication by Lease Admin. Officer (Instt) U.O. No (I) dated 7th April, 1984

3.4     That the DDA vide official note dated 28th August,1984 took the following decision

DEVELOPMENT CONTROL WING

(BUILDING SECTION)

Lease Admin. Officer(Instt) may please refer to his U.O. No (I) dated 7th April, 1984 in regard to Shri Aurbindo Education Society to whom a piece of land measuring 9.84 acres in Kalu Sarai was allotted for the purposes of a college. I have seen in the file that Shri V.P. Kashyup, Secretary, Shri Aurbindo Education Society, has submitted an affidavit indicating  that 9.84 acres of land located in Kalu Sarai is meant for MIRAMBIKA Research Center for Integral Education and Human Values. As per the details of the point, it appears that there is no proposal for the construction of a regular traditional college but the proposal is to construct a building for the following uses-

(i)            Research Wing

(ii)          Teachers training Wing

(iii)        Children Wing (Nursery section)

(iv)         Library and

(v)          Auditorium

  1. Therefore, it is suggested that the allotment may be examined whether it is given for the purposes of college or for a research and training center, which is covered as an institutional use not as a college purpose.
  1. As the plan is already under consideration for approval before the Commission and the Building Department, if any action is required for the change of lease, the same may kindly be taken immediately. It may also be checked up if any extra money is to be charged from the Society as the rate for institutional land is perhaps Rs. 6.00 laces per acre.

(S.C Gupta)

Director (DC&B)

28/8/84

3.5     That no communication was made thereafter, and steps of execution of lease were taken.

3.6     Vide Perpetual Lease Deed dated 9th November,1984 5.00 Acre of land was given to the Society which was registered as Document No-6329 in Book No-1 in Volume No-5145 from Pages 69 to 73 dated 13th November,1984.[5]

3.7     Vide Temporary Lease Deed dated 9th November,1984 4.84 Acre of land was given to the Society which was registered as Document No-6330 in Book No-1 in Volume No-5145 from Pages 74 to 77 dated 13th November,1984.[6]

3.8     Vide communication dated 4th December,1985 a building permit was granted for three years till 4th December,1988.

3.9     The construction commenced on 7th January,1986 .

3.10   Vide communication dated 13th December,1989, Society made request for extension of time for completion of building. The letter states:

Sri Aurobindo Education Society is not a commercial unit, but a tax exempted charitable society, which does exceptional work in the field of education which is appreciated and supported by the ministry of Human Resource Development and the NCERT[7]

3.11   Vide communication dated 20th July,1990, Society made request for extension of time for completion of building, the letter states:

We would again like to submit that Sri Aurobindo Education Society, is a Charitable organizational doing work in the field of education[8]

3.12   Vide DO letter dated 16th July,1991 , Shri L P Srivastava IAS wrote to DDA states:

..the Society is genuinely interested in furthering the cause of education in accordance with teachings of Sri Aurobindo and the Mother; and the building under construction is genuinely meant for   education purposes only[9]

3.13   Thereafter construction completed and as per the affidavit filed by the Sri Aurobindo Education Society, which was noticed by the DDA in the inter departmental communication dated 7th April, 1984, the Society opened a Teachers Training Institute [10]and shifted Mirambika Free Progress school.[11]   from old building to new building.

3.14   Since then, both these institutions are functioning.

Present controversy

4.1     It has been projected that the Society has recently discovered that the clause-4 of the Perpetual Lease dated 9th November,1984 specifies the purpose of the land as-college building-.

4.2     The Society perceived as threat of re-entry by the DDA due to alleged violation of lease deed.

4.3     In order to be on right side of law and to hedge the risk of re-entry Society proposed three actions:

  • To close down Mirambika Teachers Training Institute;
  • To re-locate Mirambika Free Progress School from its present premises;
  • To start an engineering college from present Mirambika campus

4.4     Events in and around Third week of March-2015

  • Mirambika Teachers Training Institute;[12]
  • Parents requested information from the Society regarding shifting of Mirambika
  • It was disclosed by one of member of the Sri Aurobindo Education Society that an Engineering College would come up in the present Mirambika Building after certain alterations & modifications.
  1. Question for consideration

Is relocation of Mirambika is inevitable due to the threat of re-entry by DDA because the Society has not used the allotted land for the specified purpose i.e. College Building?

5.1     No.

5.2     Because there is no evidence available from any quarter to substantiate the fear.

5.3     The Perpetual Lease of 5.00 acre of land for College building was   granted under the Government Grants Act,1895 and not under Transfer of Property Act,1882[13]

5.4.    It is pertinent to emphasize the recital of the Perpetual Lease Deed

Whereas the Lessee has applied to the Lessor for the grant of Perpetual lease of a piece of land and the Lessor has on the faith of the statements and the representations made by the Lessee agreed to demise the plot of land herein after described and in the matter hereinafter appearing

5.5     The statement made by the society are:

  1. Sri Aurobindo Education Society was founded to prepare the younger generation for a higher spiritual and harmonious life in accordance with the teachings of Sri Aurobindo and the Mother.
  1. Sri Aurobindo Education Society is not a commercial unit, but a tax exempted charitable society, which does exceptional work in the field of education which is appreciated and supported by the ministry of Human Resource Development and the NCERT.
  1. We would again like to submit that Sri Aurobindo Education Society, is a Charitable organizational doing work in the field of education.
  1. ..the Society is genuinely interested in furthering the cause of education in accordance with teachings of Sri Aurobindo and the Mother; and the building under construction is genuinely meant for   education purposes only.

5.6     That the college building was to fulfill the above objectives and therefore immediately after receiving the allotment made a request to DDA that 9.84 acres of allotted land is meant for MIRAMBIKA Research Center for Integral Education and Human Values. As per the details of the point, it appears that there is no proposal for the construction of a regular traditional college but the proposal is to construct a building for the following uses-(i)   Research Wing, (ii) Teachers training Wing (iii)        Children Wing (Nursery section) (iv)  Library and (v) Auditorium .

5.7     This requested was examined by DDA in view  proviso to clause 13 of the Perpetual Lease deed. It states:

PROVIDED that if the Lessee is desirous of using the said land of the building there on for a purpose other that of College Building the Lessor may allow such change of user on such terms and conditions including payment addition premium and additional rent as the Lessor may in his absolute discretion determine.

5.8     The internal note by the DDA demonstrate that the request by processed in view of above proviso. It states:

……….As the plan is already under consideration for approval before the Commission and the Building Department, if any action is required for the change of lease, the same may kindly be taken immediately. It may also be checked up if any extra money is to be charged from the Society as the rate for institutional land is perhaps Rs. 6.00 laces per acre

5.9     No demand was received from DDA. No rejection letter was received. After three months, DDA executed the perpetual Lease under the Governments Grants Act,1895.

5.10   Thus, in terms of proviso to clause-13 DDA allowed the change in user and therefore , the impression of the Society that they are on the wrong side of law is erroneous.

5.11   The society was under an impression that upon discovery of the so called “mis-use” DDA will immediately repossess the land. This impression is wholly misplaced in view of clause-15 (iii) of the Perpetual Lease deed dated 9th November,1984. It states:

  • No forfeiture or re-entry shall be effected until the Lessor has served on the lessee a notice in writing.
  1. Specifying the particulars breach complained of and.
  1. If the ____ is capable of remedy a requiring the Lessee to remedy the beach and the Lessee falls within such reasonable time as may be mentioned in the notice to remedy the breach if in capable of remedy and in the event of forfeiture or re-entry the Lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.

5.12   However, this clause has been couched with a caution, it states:

Nothing in this clause shall apply to forfeiture or re-entry.

  1. For breach of covenants and conditions relating to the alternation of the size of the said land and transfer of the said land as mentioned in clause II, or
  2. In case this lease has been obtained by suppression of any fact, mis-statement, mis-representation or fraud.

Relevant part of Clause-II states:

  1. The Lessee shall not deviate in any manner from the said plans; the Master Plan for Delhi and the Zonal development Plans nor alter the size of the said land whether by sub-divisional, addition or otherwise amalgamation.
  1. (a) The Lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the said land or any building thereon except with the previous consent in writing of the Lessor which he shall be entitled to refuse in his absolute directions.

5.13   If Society intends to do the above, it may not receive benefit of Clause-15(iii) of the Lease Perpetual Deed.

[1] http://www.collaboration.org/centers/delhi/saes.htm

[2] Report of the Society for the year 2006-07 available on http://www.collaboration.org/centers/delhi/saes.htm

[3] Vide Judgment dated 16.07.1982 in Suit 38 of 1980 passed by Shri P S Sharma, Additional District Judge, Teeshazari.

[4] Suit-38 of 1980 Sri Aurobindo Education Society Vs Union of India & Others

[5] Perpetual Lease Deed dated 13.11.1984 for College Building: 5 Acres

[6] Temporary Lease Deed dated 13.11.1984 for Play Ground 4.84 Acres

[7] Letter dated 13th December,1989 by the Society

[8] Letter dated 290th July,1990 by the Society

[9] DO Letter dated 16th July,1991 by Shri L P Srivastava, IAS

[10] http://www.mirambika.org/Pgtw03.htm

[11] www.mirambika.org/Pgcw011.htm

[12] Speech of Dr. Ramesh Bijlani, Chairman of the Society on 8.04.2015

[13] punjabrevenue.nic.in/grantact_1895.htm

Factual aspect of the present controversy

Judgment of District court

Perpetual Lease

Perpetual Lease

societyreport20052006

Temporary Lease

Factual & Legal Brief

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