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REPORTABLE

IN THE SUPREME COURT OF INDIA

  CIVIL APPELLATE JURISDICTION

CIVIL      APPEAL     NO.     4444     OF     2010                

    BOARD OF TRUSTEES  OF MARTYRS MEMORIAL TRUST AND  ANOTHER  

...   APPELLANT(s)

                       Versus

UNION OF INDIA AND OTHERS ...   RESPONDENT(s)

J     U     D     G     M     E     N     T    

R.M.     LODHA,J  .

This appeal raises the question pertaining to  

cancellation of allotment of Government Accommodation  

Nos. 1 and 2, Civil Lines, Ballia (U.P.) (hereinafter  

referred to as “Government accommodation”).

2. Martyrs Memorial Trust (Shaheed Smarak Nyas),  

the first appellant,  a public charitable trust (for  

short “the Trust”), was constituted by a deed of  

declaration dated June 5, 1997.  The preamble of the  

Deed of Trust records that the people of India  

suffered immensely under the British Rule for more  

than two hundred years and at the call of Mahatma  

Gandhi, thousands of men and women from different  

walks of life joined the National Freedom Movement

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and directly associated themselves with various  

constructive programmes.  It was decided to  

constitute a public charitable trust in the fond  

memory of the martyrs and freedom fighters hailing  

from Ballia and eastern Uttar Pradesh with a view to  

perpetuate their  names and strengthening the task of  

nation building.   

3. On August 19, 1992,  the then Prime Minister  

of India Mr. P.V. Narasimha Rao, on the occasion of  

Golden Jubilee Celebration of the Quit India Movement  

of 1942 at Ballia, had announced while addressing a  

meeting at Jayaprakash Nagar, the birth place of Shri  

Jayaprakash Narayan, that a sum of rupees one crore  

would be made available by the Government of India  

for the construction of Shaheed Smarak (Martyrs  

Memorial) at Ballia.  The then Chief Minister of  

Uttar Pradesh also announced  a sum of Rs. 25 lakhs  

for this purpose.   

4. In order to ensure  the establishment of  

Shaheed Smarak at Ballia, the Ministry of Human  

Resources & Development nominated Shri Chandra  

Shekhar as the President and some freedom fighters  

and other including ex-officio trustees  to look

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after various  aspects of the Trust.   

5. The aims and objectives  declared in the  

trust deed, inter alia, provide for the  Trust to be  

a centre for perpetuating the memory of the martyrs  

and freedom fighters and for carrying  on such  

constructive activities as may  be beneficial to the  

surviving  freedom fighters and their dependents;  to  

collect, preserve, publish and distribute various  

records, plans, books, writings, lectures, letters,  

correspondence, teachings and messages of the martyrs  

and freedom fighters together with their  

autobiographies, biographies, anecdotes and  

reminiscence highlighting their  feelings and  

sentiments  against British Tyranny and strong  

determination for the independence of the country;  

to set up, maintain and run museum where various  

relics, objects of veneration photographs, paintings,  

sketches, articles and things connected with the  

history of struggle for independence  have to be  

preserved;  to establish rapport with various  

educational institutions and Government  

organizations, public undertakings and private  

enterprises for the admission  in different courses

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of studies and  subsequent absorption for employment  

of the children and freedom fighters  on some  

reservation basis and  to motivate, encourage and  

assist people of different age groups regardless of  

caste, creed, religion and sex for their active  

participation in various types of suitable sports for  

them and to  provide necessary coaching  facilities  

for the same.

6. The Deed of Trust also  provides that the  

management and control of the Trust and the  Trust  

properties shall vest in the Board  of Trustees which  

shall comprise of not  less than three nor more than  

fifteen trustees including the Chairman and Managing  

Trustee.  Shri Chandra Shekhar, Shri Narayan Dutt  

Tiwari and the Secretary, Culture, Government of  

India were first three trustees;  Shri Chandra  

Shekhar being the Chairman.  In addition to the  

above, the Secretary,  Culture, Government of Uttar  

Pradesh, the Accountant General, U.P (or their  

respective  nominees) and District Magistrate, Ballia  

are made ex-officio trustees and they hold their  

office as long as they continue in the same capacity.

7. Clause 11 of the Deed of Trust  provides for

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appointment of new trustees.  Power to sell  and  

manage the immovable property is provided in clause  

22.

8. On March 27, 2002, the office of the District  

Collector, Ballia allotted Government accommodation  

Nos. 1 and 2  of the Revenue Department, Ballia to  

the Trust  as it was lying vacant.  The permission  

for allotment of the above Government accommodation  

to the Trust was also accorded by the  State  

Government.  The Board of Trustees passed a  

resolution to establish I.T. Training Institute under  

the aegis of the Trust for the poor and  

underprivileged students.  The Institute was  

established in the name of Dr. Ganeshi Prasad, a well  

known Mathematician.  The Institute had been  

functioning from the Government accommodation and  

also the building  constructed on the adjoining land.  

The building on the adjoining land is said to have  

been constructed under the M.P. Local Area  

Development Scheme for 2002-2003 and 2003-2004 and  

some other funds.  The said Institute is  authorized  

to run  DOEACC Society's 'O' Level and 'CCC' courses  

conducted by the Information and Technology Ministry,

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Government of India.  This Institute is recognized by  

the Government of India to teach backward  and poor  

students under EGTS (Employment Generation Training  

Scheme).   

9. From the communication dated June 6, 2004,  

sent by the Additional District  Development Officer  

(Social Welfare) to the Managing Director, Scheduled  

Caste Finance and Development corporation Ltd.,  

Lucknow, it transpires that on physical inspection at  

that time, it was found that 500 students had been  

imparted computer education in the Institute by then.  

Out of the 150 students, who were being imparted  

education in the Institute at the time of inspection,  

80 students belonged to Scheduled Caste and Scheduled  

Tribe  poor families  and those students were being  

imparted computer education on minimum fee.  The  

communication also noted that the Institute was  

equipped  with 40 computers and the teachers of the  

Institute were highly educated and experienced as  

well.

10. Strangely, on May 15, 2009, the District  

Collector, Ballia  issued an order cancelling the  

allotment of Government accommodation made in favour

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of the Trust on the grounds that a request has been  

received from the Secretary of the Trust vide his  

letter dated February 28, 2009 that allotment be  

cancelled because no work of the Trust was being done  

from the premises and the Trust was not using the  

said accommodation.  The Secretary of Trust is none  

other than the District  Collector himself.  

11. Subsequent to the order of cancellation dated  

May 15, 2009, the District Collector, Ballia and  

other officials of the State accompanied  by the  

police force sealed the Government accommodation  

although the examinations were to commence on August  

29, 2009.  This led  the Principal of the  Institute,  

Mr. Pradeep Rai to file a Writ Petition No. 44477 of  

2009 before the  Allahabad High Court  seeking a writ  

of mandamus for a direction to the District  

Collector, Ballia and other officials  of the State  

to open the locks and seal.

12. By an interim order dated August 28, 2009,  

the Division Bench of the High Court of judicature at  

Allahabad, directed the concerned respondents  to  

remove the seal and permitted the examinations to be  

held.

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13. On August 30, 2009,  the trustees of the  

Trust wrote to the District Officer/Secretary of the  

Trust to call for the meeting of the Trust  and place  

for consideration the letter dated February 28, 2009,  

sent by him to himself as District Collector for  

surrender of the Government accommodation.  The said  

letter recorded that in the absence of consideration  

of any proposal  by the Trust, the communication  

dated February 28, 2009 sent by the District Officer  

in his capacity as the Secretary of the Trust was not  

acceptable.  No meeting of the Trust was  called  to  

discuss the matter nor the matter was considered  by  

the Trust in that regard.  

14.  The letter dated August 30, 2009 sent by the  

trustees of the Trust to the District  

Officer/Secretary of the Trust was followed by  

another letter dated September 4, 2009 reiterating  

that the  meeting of the Trust be called within two  

days for discussion with regard to the letter dated  

February 28, 2009 failing which suitable action  

would be taken.

15. It was then that a Writ Petition was filed  

by the Trust being Civil Miscellaneous Writ Petition

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No. 49841 of 2009 before the High Court of judicature  

at Allahabad.

16. In the above Writ Petition, the Trust  

challenged the order dated May 15, 2009 cancelling  

the allotment of Government accommodation in favour  

of the Trust.  

17. Inter alia, in the Writ Petition, it was  

averred that the Board of Trustees had passed a  

resolution to establish I.T. Training Institute under  

the aegis of the Trust for the poor and unprivileged  

students and  they also decided to start some  

recognized courses like 'O' level and 'A' level  

courses from DOEACC Society, New Delhi.  The  

Institute  was  established in the name of a well  

known Mathematician Dr. Ganeshi Prasad.  The Trust  

made a proposal for establishment of education center  

for information technology  under the EGTS  

(Employment General Training Scheme) to the Minister  

of Information & Technology, who having considered  

the proposal, granted sanction to start training  

programme  for the weaker section of the society and  

released fund to the Trust  for imparting education.  

The Ministry had also  made  available computer

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apparatus and other allied materials for implementing  

the scheme.

18. After the death of Shri Chandra Shekhar, a  

resolution was passed wherein it was decided that  

Shri Ravi Shanker Singh – appellant No. 2  shall be  

the Chairman till the next election was held.

19. The appellants alleged in the Writ Petition  

that Bahujan Samaj Party (BSP), which was ruling the  

State,  did not have a office at Ballia.  BSP started  

putting pressure on the District Magistrate, Ballia  

for cancellation of the Government accommodation  and  

the District Magistrate, under the political  

pressure, wrote a letter to himself in his capacity  

as Secretary of the Trust requesting for surrender of  

the Government accommodation. The misuse  of the  

position by the District Magistrate was also alleged.  

It was alleged  that in the absence of any resolution  

passed by the Board of Trustees, the decision taken  

by the District Magistrate, Ballia, who happened to  

be the Secretary of the Trust, to surrender the  

Government accommodation to himself and then  

cancelling the allotment in his capacity as District  

Magistrate was illegal.

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20. There is nothing on record to show that  

counter-affidavit was filed  by the District  

Magistrate, Ballia or other functionaries of the  

State  in opposition to the Writ Petition  before the  

High Court.  Learned counsel for the parties  agreed  

that the Writ Petition was disposed of by the High  

Court without calling for any counter-affidavit from  

the respondents. The order of the High Court reads as  

under:  

“Vide order dated 15th may, 2009 which has  been impugned in the present Writ Petition the  allotment of Government Residential  Accommodation No. 1 and 2 to Shaheed Smarak  Nyas, Basantpur, Ballia has been cancelled.

We are not inclined to interfere in the said  order as the petitioner has no vested right to  continue  to hold the said accommodation as it  is only a licensee.

Shri Ashok Khare, learned senior standing  counsel assisted by Shri H.K. Singh has  submitted that under the garb of the order  dated 15th May, 2009, the authorities are also  disturbing the peaceful possession of the  constructions made in the adjoining land.

It is not clear as to whether adjoining land  is part of this accommodation or not.  If the  same is not part of the accommodation No. 1  and 2 then obviously under the garb of this  order the authorities cannot disturb  the  possession of the petitioner in respect of the  constructions made on the adjoining land.  However, if the adjoining land on which the  construction is alleged is part of the  Government  accommodation No.1 and 2, then the  authorities are justified on their part. The Writ Petition  is disposed of with the  aforesaid observation.

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Ms. Poonam Singh, learned counsel has appeared  for the respondent Nos. 1 and 2.”

21. Brevity in judgment writing has not lost its  

virtue.  All long judgments or orders are not great  

nor  brief orders are always bad.  What is required  

of any judicial decision is due application of mind,  

clarity of reasoning and focused consideration.  A  

slipshod consideration or cryptic order or decision  

without  due reflection on the issues raised in a  

matter may render such decision unsustainable.  Hasty  

adjudication must be avoided.  Each and every matter  

that comes to the court must be examined with the  

seriousness it deserves.

22. In the present case, the appellants have  

raised some serious issues concerning the action of  

the District Collector, Ballia. The Secretary of the  

Trust also happened to be the District Collector.  He  

is alleged to have not convened any meeting of the  

Trust and  on his own, took a decision to surrender  

the Government accommodation allotted to the Trust  

on make believe and self created grounds  that the  

allotted Government accommodation was not being used

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by the Trust  for the purpose for which it was  

allotted to the said  Trust.  The appellants have  

alleged that the action of the District Magistrate by  

sending a communication dated February 28, 2009, as  

the Secretary of the Trust for surrendering the  

Government accommodation  and then passing the order  

himself on September 15, 2009 cancelling the  

allotment  was at the behest of the BSP  which was  

ruling the State at that time. It has also been  

alleged that this was  done because BSP  was not  

having any office in Ballia and  so it started  

putting pressure on the District Magistrate for  

cancelling the Government accommodation allotted to  

the Trust.  These serious allegations did require  

response from the District Magistrate, Ballia who  

wrote the letter in his capacity  as Secretary of the  

Trust on February 28, 2009 to himself and then passed  

an order of cancellation of allotment of Government  

accommodation  of the Trust in his capacity as  

District Magistrate on  May 15, 2009.

22. We are satisfied that the impugned order  

cannot be sustained and  has to be set-aside as the  

Writ Petition filed by the appellants (petitioners

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before the High Court) deserves fresh consideration  

and hearing after  receipt of the response from the  

respondents.

23 Appeal  is allowed to the above extent.  The  

impugned order is set-aside.  Civil Misc. Writ  

Petition No. 49841 of 2009 –  Board of Trustees of  

Martyrs Memorial Trust and another vs. Union of India  

and others is restored to the file of the High Court  

of judicature at Allahabad for fresh consideration  

and disposal, as noted above. The parties shall bear  

their own costs.  

                .....................J.                                  (R.M. LODHA)

              .....................J.                           (ANIL R. DAVE)

  NEW DELHI    OCTOBER 4, 2012.

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ITEM NO.102               COURT NO.6             SECTION XI

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                     CIVIL APPEAL NO(s). 4444 OF 2010

BOARD OF TRUST.OF MART.MEMO.TRUST & ANR.          Appellant (s)

                VERSUS

UNION OF INDIA & ORS.                             Respondent(s)

(With office report )

Date: 04/10/2012  This Appeal was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE R.M. LODHA         HON'BLE MR. JUSTICE ANIL R. DAVE

For Appellant(s) Mr. Ajay Vikram Singh, Adv. for                       Mr. Renjith. B,Adv.

For Respondent(s) UOI Mr. M. Khairati, Adv.

Mr. Vikas Bansal, Adv. for Mr. D.S. Mahra, Adv.

State of UP Mr. M.R. Shamshad,Adv. Mr. Vivek Vishnoi, Adv. Mr. Rohit, Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Appeal is allowed in terms of signed judgment.  

The parties shall bear their own costs.  

(Pardeep Kumar) Court Master

(Renu Diwan)  Court Master  

[SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE ]