CWP No.15584 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C. W. P. No. 15584 of 2008
Date of Decision: 25 - 11 - 2009
Sube Singh etc. ....Petitioners
v.
Uttri Haryana Bijli Vitran Nigam Ltd. ....Respondents
and others
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.K.S.Banyana, Advocate
for the petitioners.
Mr.Narender Hooda, Advocate
for the respondents.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Uttri Haryana Bijli Vitran Nigam Ltd. (hereinafter to be
referred as `UHBVNL’) in the year 2001 intended to construct 33 K.V. Sub
Station in Village Jhansa. For the welfare of the residents, the Gram
Panchayat came forward to provide the necessary land. The land offered by
the Gram Panchayat was not found suitable for constructing 33 K.V. Sub
Station, Power Station in Village Jhansa. Petitioner Sube Singh was
Sarpanch at that time. He was owner in possession of 1 Acre 5 Kanals and
10 Marlas of land. His land was found suitable. He offered to give 1 acre
and 4 Kanals of land to respondent No.1 – UHBVNL and exchanged his
CWP No.15584 of 2008 [2]
land in lieu of 3 Kanals and 10 Marlas of land which vested in the Gram
Panchayat. Petitioners who are father and son had not accepted any money
from the Gram Panchayat.
Sum and substance of the case is that for 1 acre and 4 kanals of
land, petitioners got 3 kanals and 10 marlas of land, therefore, they had to
forego 1 acre (8 Kanals) of land. It is averred in the writ petition that this
was done as petitioners were persuaded by the officials of UHBVNL to give
land on the promise that 24 hours regular power supply to the tube-wells
situated in the land of the petitioners shall be provided. To fortify the
averment made that the petitioners had offered the land and in exchange had
taken less land due to the promise extended that 24 hours regular electric
power supply will be provided, reliance has been placed on the
communication addressed by the Executive Engineer, C/W Division,
UHBVN, Panchkula. This letter has been attached as Annexure P2. The
letter read as under:-
“Subject: Constn. Of 33 KV S/stn. at Jhansa.
It is submitted that 33 KV S/Stn. Jhansa is being
constg. In the Pvt. Land belongs to Sh.Sube Singh S/o Sh.Mann
Singh & Sh.Ranbir Singh S/o Sh.Sube Singh of residents of
Vill. Jhansa which has been internally exchanged in between
Gram Panchayat Vill. Jhansa & above Pvt. Land owners.
While furnishing an affidavits in this regard, the Pvt. Land
owner has also requested there by to provide the 24 hours
regular electric Power Supply to his tubewells installed in his
land bearing A/c No.JAP-152 & JAP-177 (copy attached).
Since the land offered by gram Panchayat Vill. Jhansa was not
CWP No.15584 of 2008 [3]
found suitable to the technical point of view, therefore, efforts
were made at their level to exchange the land in between them
so as to meet the requirement of the deptt. Further the land has
been offered free of cost and the civil constn. works are at
advance stage.
The fulfill the commitment made in the interest of
departmental work as well as to avoid any delay in
completion of scheduled work. It is requested that the
concerned higher authorities may be approached to provide
the 24 hours regular Power Supply facility to their
tubewells bearing above A/c Nos.
An early action in the matter is requested because the
Pvt. Land owners are pressing for the same.”
Executive Engineer in categorical term had stated that a commitment was
made in the interest of departmental working that petitioners will be
provided 24 hours regular power supply facility. Thereafter, Annexure P3,
another communication was sent by the Executive Engineer, Operation
Division, Shahbad. The relevant portion of the letter read as under:-
“You are therefore requested to check the feasibility to
the 24 hrs. supply to above A/c Nos. to fulfill the commitment
made in the interest of departmental work.”
It is apparent that the officials of the department had made commitment on
behalf and in the interest of organisation UHBVNL. Thereafter, petitioners
served notice Annexure P4. The notice was replied by the S.D.O.
Operations, UHBVNL, Ajrana Kalan. The S.D.O. replied that power supply
for a tubewell is not feasible as 24 hours line is provided for domestic
CWP No.15584 of 2008 [4]
purpose. Petitioner No.1 was directed to contact S.D.O. for fruitful
solution. On 24.10.2007, S.D.O., Operations, Ajrana Kalan wrote to
Executive Engineer, Operation Division, Shahabad that office has already
submitted an estimate for supply of power in compliance with the directions
of the office.
The commitment and promise made by the officials bore no
fruit. Hence, the present writ petition has been filed.
In the written statement, respondents had taken a stand that
officials who made the commitments and promise were not authorised to do
so and UHBVNL cannot provide 24 hours power supply.
Promise and commitment extended by Executive Engineer in
letters Annexures P2 and P3 ought to have raised the legitimate expectation
of the petitioners. Therefore, it becomes necessary to rely upon the
observations of Constitution Bench of Hon’ble Apex Court in
Confederation of Ex-servicemen Associations and others v. Union of
India and others, (2006)8 SCC 399. It will be apposite to reproduce the
following observations of their Lordships in the above said case:-
“33. We are also not impressed by the argument that all
medical benefits and facilities must be provided to ex-
servicemen under the doctrine of “legitimate expectation”. The
doctrine of “legitimate expectation” is a “latest recruit” to a
long list of concepts fashioned by the courts for review of
administrative actions. No doubt, the doctrine has an important
place in the development of administrative law and particularly
law relating to “judicial review”. Under the said doctrine, a
person may have reasonable or legitimate expectation of being
CWP No.15584 of 2008 [5]
treated in a certain way by an administrative authority even
though he has no right in law to receive the benefit. In such a
situation, if a decision is taken by an administrative authority
adversely affecting his interest, he may have justifiable
grievance in the light of the fact of continuous receipt of the
benefit, legitimate expectation to receive the benefit or
privilege which he has enjoyed all throughout. Such
expectation may arise either from the express promise or from
consistent practice which the applicant may reasonably expect
to continue.
34. The expression “legitimate expectation” appears to
have been originated by Lord Denning, M.R. In the leading
decision of Schmidt v. Secy. Of State. In Attorney General of
Hog Kong v. Ng Yuen Shiu, Lord Fraser referring to Schmidt
stated : (All ER p. 350 h-j)
“The expectations may be based on some
statement or undertaking by, or on behalf of, the public
authority which has the duty of making the decision, if
the authority has, through its officers, acted in a way
that would make it unfair or inconsistent with good
administration for him to be denied such an inquiry.”
(emphasis supplied)
35. In such cases, therefore, the Court may not insist an
administrative authority to act judicially but may still insist it to
act fairly. The doctrine is based on the principle that good
administration demands observance of reasonableness and
CWP No.15584 of 2008 [6]
where it has adopted a particular practice for a long time even
in the absence of a provision of law, it should adhere to such
practice without depriving its citizens of the benefit enjoyed or
privilege exercised.”
Therefore, this Court proceeds to decide the case taking into consideration
the observations of Hon’ble Apex Court and the communications issued by
the Executive Engineer and S.D.O. Of the respondent-UHBVNL. Even
though, this Court is conscious that in the case of Confederation of Ex-
servicemen Associations’s case (supra) on the facts of that case relief was
not granted holding that no right of legitimate expectation vests in
Confederation of Ex-servicemen Associations’s case (supra).
On 25.8.2009, the matter was adjourned to 17.11.2009. On
17.11.2009 the matter was adjourned for today as Mr.Narender Hooda,
counsel for the respondents prayed that an adjournment be granted so that
he is able to seek instructions from the concerned quarters. The
adjournment was granted primarily on the ground to explore the possibility
whether the respondents can provide any solace to the petitioners who due
to the commitments and promise made by the officials had agreed to
exchange their land. It is not disputed that 1 acre 4 kanals of land was
exchanged for 3 kanals and 10 marlas of land.
On the bidding of the respondents, today Mr.Narender Hooda
has taken a somersault and stated that though the commitment made was
unauthorised but the land given to the petitioners by the Gram Panchayat
was in consonance of the resolution and the resolution specifically state that
no loss will be caused to the Gram Panchayat. The tenor of the resolution
state that interest of the Gram Panchayat has been taken care of so that
CWP No.15584 of 2008 [7]
petitioner No.1 is not accused that he had taken benefit of the Gram
Panchayat land. The matter of fact remain that petitioner had parted 1 acre 4
kanals of land for 3 kanals and 10 marlas of land. Even if the contention of
Mr.Narender Hooda is accepted that the land is of equal value, yet there is
no need for the petitioners to exchange their land. Admittedly, both the
lands are agricultural. The harvest from 1 acre and 4 kanals and from 3
kanals and 10 marlas cannot be equal.
The petition raise another important issue whether to facilitate
development work, illiterate villagers who to earn goodwill or promise
made believe the officials of the rank of Executive Engineer, to whom they
perceive to be an important functionary should execute memorandum of
understanding with the Chairman or Managing Director. Executive
Engineer had gone to the site and facilitated exchange of the land for
construction of 33 K.V. Sub Station. The credibility of the respondent-state
is at stake. Therefore, dismissal of the writ petition on two legal and
technical grounds that the promise was extended by the persons who were
not authorised may leave the citizens with wounds unhealed for all times to
come. Their generations may curse the fore-fathers and propagate to take a
lesson not to believe the words extended by the officials of respondents.
Respondent-UHBVNL is none else but instrumentality of the State. A sour
soul, unsatisfied citizen may feel cheated forever for the conduct of the
respondent-State. This will not auger well for the honour of the State, who
claims itself to be Welfare State. Even though this Court cannot issue
mandamus that petitioners be supplied 24 hours power supply as promised
by the officials of respondent-UHBVNL, yet due to the promises made by
the officials of the respondents who were responsible officers, petitioners
CWP No.15584 of 2008 [8]
are required to be compensated in monetary terms. To balance equities, it
is ordered that petitioners be granted a compensation of Rs.One lac. The
compensation has not been quantified to assess the loss but to save the
situation in which petitioners landed themselves, as the repercussion of the
action of the respondents may erode the faith of the people and hamper the
development work for common purpose. With these directions, the writ
petition stand disposed of. No costs.
( KANWALJIT SINGH AHLUWALIA )
November 25, 2009. JUDGE
RC