Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4413 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 4780 OF 2014]
ORISSA STATE HOUSING BOARD Appellant(s)
VERSUS
INDIRA ENGLISH MEDIUM SCHOOL & ORS Respondent(s)
WITH
CIVIL APPEAL NO. 4414 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 3877 OF 2014]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. Heard the learned counsel appearing for the
parties.
JUDGMENT
3. The Orissa State Housing Board is before this
Court, aggrieved by the Judgment dated 01.10.2013 in
Writ Petition (C) No. 14973 of 2012. The High Court
has directed the Housing Board to allot an extent of
1.55 acres of land to the respondent-School
Management.
4. During the pendency of these appeals before us,
we had asked the State of Orissa to ascertain whether
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the State would be in a position to allot an
alternate site for the school. Mr. P. N. Mishra,
learned senior counsel appearing for the State of
Orissa, on instruction, has submitted that the State
is in a position to identify an alternate land for
the purpose of allotment to the school. He has
further submitted that the alternate land, now
pointed out by the State in consultation with the
Orissa State Housing Board, can be allotted to the
respondent-School Management in case the school
management is in a position to produce the
affiliation from an appropriate authority.
5. In that view of the matter, it is not necessary
to consider these appeals on merits. These are,
accordingly, disposed of with the following
directions :-
JUDGMENT
(i) The respondent-School Management may make a
formal application to the State of Orissa within a
period of one month from today for allotment of the
identified land for the purpose of establishing the
school.
(ii) During the processing of the application, the
respondent shall also produce the affiliation from
the appropriate authority.
(iii) On production of the order of affiliation, the
State of Orissa shall complete process on the
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application and do the needful for the grant of
allotment.
6. Needless to say that the extent of land to be
allotted to the school will not be, in any case, less
than 1.55 acres.
7. We make it clear that it will be open to the
respondent-School Management to apply for affiliation
by attaching a copy of this Judgment for the purposes
of and in the matter of the land requirement.
8. With the above observations and directions, the
impugned Judgment is set aside and these appeals are
disposed of with no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
JUDGMENT
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
April 25, 2016.
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