• NGO society running govt funded project on agriculture land

We are a registered society in Chandigarh. We had leased 4 acres of agriculture land in Chandigarh for a conservation project which involves preserving very old trees located in Sikh temples, cloning them and replanting them at the said site. in 2009 we applied for a grant from the Ministry of Culture, Govt of India, under the museum grants scheme, our application was recommended and forwarded by the Chandigarh Administration to the Ministry of Culture. After due process our application was accepted and the ministry gave us a grant of 70 lacs for setting up a Museum of Historic Trees in Chandigarh. 

The Chandigarh Administration released a Master Plan in Nov 2014, in that they classified the area where our project is located as warehousing area with an exempted area of 19 acres as green area. When the Administration invited objections we requested them to include our project in the master plan and specify that we are in the exempted green area but the master plan only vaguely mentions 19 acres of green area without specifying our project.  

My questions are following:
1. In such a scenario when a society has been recommended by the Administration and further given a grant to run a conservation project, can the land then be acquired for warehousing purpose?
2. Can I run small commercial operations like a tuck shop for visitors or rent conference rooms and gardens at the site to generate revenue for the society?

Regards 
Aman Jaspal
Asked 1 year ago in Property Law from Chandigarh, Chandigarh
Religion: Sikh
1) govt can acquire land for  warehousing purposes but the chances of acquistion are bleak considering the work being done by your organisation for preservation of old trees in Sikh temples 

2) least deed entered into by you with the organisation must be containing clauses regarding use of premises for commercial purposes 

3) yiu would need prior permission of administation for commercial use of part of land 
Ajay Sethi
Advocate, Mumbai
36519 Answers
2035 Consultations

5.0 on 5.0

Hi, you can file a objections to the notification for acquiring the land for Warehousing purpose, if the authority did not consider your objection then file a writ petition before the Hon'ble High Court. 
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

Any time government can acquire the land. But in your case the ministry gave as a grant of 70 lacs for setting up a Museum of Historic Trees in Chandigarh ,government may not acquire the land for ware house projects. For the purpose of commercial dealings it must be specifically entered in the lease deed.
Ajay N S
Advocate, Ernakulam
2479 Answers
30 Consultations

5.0 on 5.0

1. The release of grant by the govt in favour of the society does not ipso facto preclude the administration from acquiring the land. The order of grant will become infructuous if the notification for acquisition takes the land within its sweep. However, this can be challenged in the court. Unless the exempted area has been identified the administration is at liberty to acquire your land. Ambiguity is introduced in such master plans to facilitate the acquisition of land by the administration.

2. Unless there is anything in the order of grant passed by the ministry which restrains you from commencing commercial operations you are free to do so.
Ashish Davessar
Advocate, Jaipur
21589 Answers
580 Consultations

5.0 on 5.0

1. In such a scenario when a society has been recommended by the Administration and further given a grant to run a conservation project, can the land then be acquired for warehousing purpose?In the said situation, it will be better to issue a notice under section 80 CPC to the administration seeking to include your area in the green area instead of declaring it as a ware house area.
After refusal by authority you may file a declaratory suit to declare this area as green area instead of the proposed warehouse area.



2. Can I run small commercial operations like a tuck shop for visitors or rent conference rooms and gardens at the site to generate revenue for the society?
It will depend on the bye-laws of the society which would specify if the income can be augmented through such source.
T Kalaiselvan
Advocate, Vellore
26494 Answers
270 Consultations

5.0 on 5.0

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