The Energy And Resources Institute vs Suhrid Sudarshan Shah & Ors

4. In furtherance of remand order, the Writ Petition stood restored before the High Court and was assigned fresh number as Writ Petition (PIL) No. 857/2007. In the said Writ Petition the High Court ordered impleadment of the nominees. The appellants before this Court were accordingly impleaded as respondent Nos. 25 and 26 vide order dated 18th July 2011. Having received court notice, respondent No. 25 (appellant in appeal arising from SLP (Civil) No. 3989/2011) responded to the writ petition by filing an affidavit dated 20th November 2011 and supplementary affidavit dated 29th July 2012 in the said Writ Petition. The said appellant asserted on affidavit that allotment of orchard in its favour was just and proper. It was done on the basis of a well informed policy decision taken by the State Government and in larger public interest. Further, the said appellant being a registered society was established with the aim to tackle and deal with immense and acute problems that mankind is likely to face in the years ahead on account of gradual depletion of the earth’s finite energy resources which are largely non-renewable and existing method of their use. That the policy decision, contended the said appellant, was taken by the State Government - as the stated 104 orchards were causing huge losses to the public exchequer for its management, in particular towards the payment of salaries to its employees. The State Government had suffered staggering loss to the tune of Rs. 2,70,00,000/- in the year 1998- 1999, Rs. 2,91,00,000/- in the year 1999-2000 and Rs.2,10,00,000/- in the year 2000-2001. In this backdrop, with the approval of the Cabinet the State Government delineated the measures for re-organization of the Horticulture Directorate of the State Government of Uttarakhand. In pursuance of the said Scheme, the Principal Secretary-cum-Commissioner circulated an official Order dated 21st May 2001 to all Universities, Research Institutes and Government Departments as well as District Administrations expressing its desire to make available on long term lease the unproductive 77 Government Udhyaans/orchards for horticulture and agricultural diversification. The appellant (in C.A. arising out of SLP (Civil) No.39898/2012) after becoming aware of the policy decision of the State Government, expressed its interest for allotment of Government orchard on long term basis by submitting proposal on 22nd August 2001. That proposal was processed at different levels including by the Cabinet of the State Government in its meeting dated 11th October 2002; and after due deliberations, the Government through its Joint Secretary, Horticulture, vide letter dated 16th October 2002, informed the said appellant that the proposal submitted by it has been accepted. It is also contended by the said appellant that news articles were duly published in the local newspapers including Indian Express about the Uttarakhand Government having invited NGOs to conduct research on the uses of the medicinal plants and herbs available in the Himalayas. Further, consequent to the sanction accorded in favour of the said appellant, lease deed was executed on 5th February 2003 through the Director, Horticulture, Government of Uttarakhand in respect of 7.50 hectares for 5 years initially subject to renewal for another 20 years on satisfactory fulfillment of the terms and conditions of the allotment and the lease deed. That the appellant thereafter has made huge investment to the tune of Rs. 15 crores in setting up the entire project. It is stated that the State Government had formed a Six Members Committee under the Chairmanship of Professor A.N.Purohit for formation of Government policy for allotment of the remaining 70 unproductive orchards to private parties on leasehold basis. Requisition notice was also issued inviting private (interested) parties for grant of orchards on long term leasehold basis. It is contended that as per the policy the lessee was obliged to pay lease amount quantified as 100 times of the Government revenue for the first 10 years and, thereafter, 200 times for the next 15 years. In the process, no revenue loss has been caused to the State Government.

14. We are in agreement with the appellants that without analyzing the contentions specifically raised by them, it was improper to make a sweeping observation against these appellants with reference to the case of Dabur Research Foundation.

17. Considering the above, we deem it appropriate to quash and set aside the impugned judgment and order only qua appellants herein (the respondents 25 and 26 in the Writ Petition); and further direct remand of the Writ Petition to the High Court for reconsidering it afresh only with regard to them as regards the validity of grants in favour of Tata Energy Research Institute (now known as Energy and Resources Institute); and two grants in favour of Akhilesh Kala as the appellants herein claim to be the heirs and legal representatives of deceased Akhilesh Kala.

18. We once again make it clear that we may not be understood to have disturbed the order in any manner operating against Dabur Research Foundation (original respondent No.14, in the remanded Writ Petition).

19. Considering the fact that the Writ Petition has been filed in the year 2003 and is required to be remanded for the second time by this Court and in view of the nature of issue involved and the substantial period of lease term is already exhausted, the High Court is requested to dispose of the remanded Writ Petition expeditiously, preferably within six months. The High Court may consider the request of the concerned parties to file affidavits and further pleadings as may be necessary. All questions in the remanded writ petition in terms of this order, are left open.

20. The appeals are allowed in the above terms with no order as to costs.