Punjab-Haryana High Court
Bishop Shaukat Bhatti vs British Deputy High Commissioner ... on 11 February, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 956 of 2021(O&M)
Date of Decision: February 11 , 2021.
Bishop Shaukat Bhatti ...... PETITIONER
Versus
British Deputy High Commissioner and others ...... RESPONDENTS
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Harinder Singh Sandhu, Advocate
for the petitioner.
Mr. Ashish Yadav, Addl.AG, Haryana.
Mr. S.D.Sharma, Senior Advocate with
Mr. Anupam Sharma, Advocate
for respondents No.5 to 9.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
This matter is being taken up for hearing through video
conferencing due to outbreak of the pandemic, COVID-19.
This writ petition has been filed for setting aside recommendation
dated 16.12.2020 (Annexure P1) by respondent No.1 as well as orders dated
01.01.2021 (Annexure P2) and 08.01.2021 (Annexure P3) passed by
respondent No.4.
The controversy in this case revolves around the control and
management of the Cemetery, Ambala Cantt. Communication dated
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CWP No.956 of 2021(O&M)
16.12.2020 (Annexure P1) was addressed by the Deputy Head of the British
High Commission to the Additional Chief Secretary, Government of Haryana
mentioning therein that the Ambala Cemetery Committee comprising Six
Members Churches of Ambala Cantonment under the guidance of respondents
No.5 and 6 are responsible for the upkeep and maintenance of the cemetery.
Pursuant to this communication, it was written by the Sub Divisional Officer,
Ambala Cantt. to the petitioner that responsibility and maintenance of the
Cemetery of Ambala Cantt. as per British Deputy High Commission,
Chandigarh was of respondents No.5 and 6, therefore, the office keys and
necessary relevant documents should be handed over to the said respondents.
Communication dated 11.01.2021 is also to the same effect.
Case set up by the petitioner is that he had joined St. Paul Church
as Catechist in the year 1998 and that he was ultimately appointed as Bishop.
Respondent No.6, it is submitted, was not carrying on his work properly and
the Cemetery Committee decided to remove respondent No.6 from the post of
Secretary-cum-Cashier of the Cemetery Committee. It is submitted that
respondents No.5 to 9 belong to the Catholic Church of India. Therefore, they
have no legal right to the land or management of Cemetery situated at Ambala.
In this view of the matter, the British High Commission, it is submitted, has no
right whatsoever to address recommendation dated 16.12.2020 to the Deputy
Commissioner, Ambala stating that the Ambala Cemetery Committee
comprising of the members as mentioned therein are responsible for the upkeep
and maintenance of the Cemetery. The authorities, it is submitted, have
wrongly directed handing of keys etc. and relevant documents to respondent
No.5.
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CWP No.956 of 2021(O&M)
Learned counsel for the State, to whom an advance copy of the
petition stood supplied, was directed on the last date of hearing to seek
instructions regarding action being taken by the authorities pursuant to
communication dated 16.12.2020 from the Deputy Head of Mission, British
Deputy High Commission. Learned counsel for the State was also asked to
seek specific instructions as to the role/perceived role of the British High
Commission in this matter.
Short reply by way of affidavit dated 02.02.2021 of Ms. Mamta
Sharma, SDM, Ambala Cantt has been circulated in the WhatsApp group
created for the purpose of Video Conferencing. Printout of the same be taken
and attached with the file. Same be filed in the Registry as well.
It is specifically mentioned in the said affidavit that an inquiry was
conducted by the Sub Divisional Magistrate, Ambala City on instructions/letter
from the Deputy Commissioner, Ambala regarding the matter involving the
Cemetery of Ambala Cantt. It was reported that opinion of the High
Commission of United Kingdom in India be obtained regarding the
person/committee for upkeep and maintenance of the Cemetery. It is further
explained that on 05.02.1977 Cantonment Board had transferred 1065 acres of
land to the Government of Haryana/Notified Area Committee, Ambala Sadar
alongwith General Land Record (GLR). As per survey No.159 of GLR,
occupancy rights of land measuring 20.54 acres were given to the High
Commission of United Kingdom in India for European Cemetery and the
ownership of land vests with the Government of India. Learned counsel for the
State informs that as per the latest revenue record, occupancy rights of the
Ambala Cemetery are with the High Commission of United Kingdom in India.
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CWP No.956 of 2021(O&M)
It is in this view of the matter that the opinion was sought and thereafter,
necessary action has been taken and charge of the Cemetery and office has
been duly handed over to respondents No.5 and 6 on 12.01.2021.
Mr. Sharma, learned Senior Counsel appears on behalf of
respondents No.5 to 9 and submits that the petitioner does not have clear
antecedents and that respondents No.5 to 9 are members of the Ambala
Cemetery Committee of Ambala Cantt of Six Mainline Churches. The
petitioner, who claims to be connected with the Anglican Church of India, has
no concern with the St. Paul's Church Ambala Cantt. which comes under
Church of North India, Delhi Diocese. It is submitted that the petitioner was
removed from the post of Bishop Commissary by Samuel P.Parkash of
Anglican Church of India, with which respondents No.5 to 9 have no concern.
The petitioner is stated to have been appointed as Bishop's Commissary on
12.06.2020 by Dr. Rockes B. Sandhu, Metropolitan of Anglican Church of
India with which St. Paul Church of India has no concern. It is further stated
that Rockes B.Sandhu was removed on 25.01.2013 by Samuel P.Prakash,
Metropolitan of Angilican Church of India. It is reiterated that the High
Commission of United Kingdom in India holds occupancy rights over 20.54
acres of land as per the revenue record. Further, as per notification dated
05.10.1993 issued by the Government of Haryana, the Cemetery land at
Ambala Cantt., is stated to be declared an ancient and historical monument,
besides an archaeological site, though management and occupancy rights
remained with the High Commission of U.K. The Commonwealth War Graves
Commission, Delhi entered into an agreement for maintenance on 15.12.2009
with the Ambala Cemetery Committee, which is managed by Six Mainline
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CWP No.956 of 2021(O&M)
Churches of Ambala Cantt. The latest agreement between the Commonwealth
War Graves Commission and Ambala Cemetery Committee is dated
01.08.2020. Learned counsel also refers to communication dated 21.08.2020
by the Commonwealth War Graves Commission to Additional Chief Secretary
and Financial Commissioner, Revenue and Disaster Management Department
to ensure appropriate maintenance of graves in Cantonment cemeteries.
Present writ petition, it is submitted, should be dismissed with exemplary costs,
as the petitioner has deliberately concealed material facts and has tried to
mislead this Court.
Heard.
Learned counsel for the petitioner is unable to deny that leave
alone appending entire relevant record with the writ petition, there is not even a
whisper regarding the same in the entire writ petition. There is no explanation
coming forth as to why complete material facts were not brought to the notice
of the Court at the very outset. Learned counsel for the petitioner has sought to
explain that entries in the revenue record are incorrect, therefore, the same are
not material and have no bearing on the adjudication of this writ petition. It is,
however, accepted that no application, whatsoever, has ever been filed by the
petitioner or by the Anglican Church for correction of the alleged incorrect
revenue record. I am not inclined to accept the explanation as above, which is
clearly an exercise in futility as latest entries in the revenue record, even if
allegedly incorrect, are material, relevant and should have been mentioned in
the writ petition.
It is apparent that entire relevant and material facts have not been
set-forth in the writ petition, which in itself is a ground for dismissal.
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CWP No.956 of 2021(O&M)
However, it is not disputed that as of now it is the High Commission of United
Kingdom which is reflected to be holding occupancy rights of Ambala
Cemetery. Charge of the cemetery is admittedly with respondents No.5 and 6
as of now. There is no ground to interfere at the instance of the petitioner in
this writ petition, which also raises disputed questions of fact.
In the given facts and circumstances, no ground, whatsoever, is
made out at this stage, for any interference for setting aside the impugned
recommendation dated 16.12.2020 (Annexure P1) and orders dated 01.01.2021
(Annexure P2) and 08.01.2021 (Annexure P3) passed by respondent No.4.
Writ petition is accordingly dismissed with no order as to cost.
Needless to say, petitioner is at liberty to seek remedy/remedies as
may be available to him, in accordance with law.
( LISA GILL )
February 11 , 2021. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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