Chhattisgarh High Court Upholds State's Decision to Reclaim Land from Christian Mission

Court Denies Renewal of Lease for Charitable Land Used for Commercial Activities

In a significant judgment, the Chhattisgarh High Court has upheld the State's decision to deny the renewal of a lease granted to the Christian Woman's Board of Mission for land in Bilaspur, originally intended for charitable and religious activities. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, dismissed the appeal filed by the mission, which sought to overturn a Single Judge's decision that upheld the government's actions.

The land, leased in 1925, was used for over a century by the mission for religious and educational purposes, including operating hospitals and training schools. However, the court found that substantial portions of the land were sold to private parties and used for commercial purposes, violating the lease's conditions.

The mission argued that it had acquired Bhumiswami rights under the Chhattisgarh Land Revenue Code and was entitled to lease renewal. However, the court rejected this, stating that such rights do not apply to Nazul lands leased for charitable purposes. The court noted that the mission failed to produce evidence of lawful renewal beyond 1994 and had engaged in unauthorized possession and commercial activities.

The State, represented by Advocate General Prafull N. Bharat, argued that the mission had violated lease terms by allowing commercial activities, which justified the non-renewal and resumption proceedings. The court agreed, emphasizing that renewal is not an inherent right but contingent on compliance with lease terms and public purpose.

This ruling underscores the judiciary's support for the government's discretion in administrative decisions, especially concerning land intended for public and charitable use. The judgment also highlights the importance of maintaining the intended use of leased government land, particularly when it involves charitable activities.

The decision is expected to have broader implications for similar cases where charitable land use is in question. The mission's failure to maintain the land's intended charitable use ultimately led to the court upholding the State's decision to reclaim it.

Bottom Line:

Lease of government land granted for charitable purposes - Violation of lease conditions by engaging in commercial activities - State authorities justified in refusing renewal and initiating resumption proceedings.

Statutory provision(s): Article 226 of the Constitution of India, Chhattisgarh Land Revenue Code, 1959 Section 158(3), 158(4), 165(7), 182(2).

Christian Womans Board of Mission v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2806222