Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NOS.4-7 OF 2015
IN
CIVIL APPEAL NO.9220 OF 2014
KATHURIA PUBLIC SCHOOLS & ORS. …APPELLANTS
VERSUS
UNION OF INDIA & ORS. ...RESPONDENTS
J U D G M E N T
ANIL R. DAVE, J.
JUDGMENT
1. These applications have been filed in decided
appeal arising out of order of the High Court of Delhi dated
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27 March, 2014 in W.P. (C) No.2009 of 2014.
2. The issue in the appeal involved validity of
acquisition of land and consequent handing over of
possession. Notification under Section 4 of the Land
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Acquisition Act, 1894 (‘the Act’) was issued on 23
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January, 1965 after which the appellant claims to have
purchased the land. Declaration under Section 6 was
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issued on 26 December, 1968. Award for compensation
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was made by the Collector on 30 March, 1981. The
appellant filed a writ petition challenging the acquisition
being Writ Petition (Civil) No.586 of 1981 before the Delhi
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High Court which was dismissed on 14 December, 1995
which order was affirmed by the Division Bench against
which special leave petition was dismissed by this Court
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on 1 November, 1996. Thereafter, the appellant made a
representation and also filed Writ Petition (Civil) No.233 of
1997 before the Delhi High Court for direction to consider
the representation for release of the land. The said writ
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petition was dismissed on 9 November, 2011. The review
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petition against the said order was dismissed on 2
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December, 2011. Special leave petition filed against the
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said order was dismissed on 9 December, 2011 but
subject to the filing of an undertaking to deliver vacant and
peaceful possession on or before April 30, 2013, status quo
was directed to be maintained in respect of nature, title
and possession of the land. Accordingly, the appellant
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filed an undertaking on 6 January, 2012. However, the
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appellant did not vacate the land in spite of the said
undertaking which led to filing of a contempt petition
before this Court being Contempt Petition (Civil)
Nos.281-282 of 2014 by the Delhi Development Authority
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(DDA). On 1 August, 2014, this Court permitted DDA to
take possession of the acquired land except the land on
which school premises was situated and area abutting the
school which was required as play ground. This Court
appointed Shri Rakesh K. Khanna, senior advocate to
supervise the functioning of the school. He was to be
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overall in charge of the administration. On 17
September, 2014, the contempt petitions were disposed of
by accepting apology of the contemnor, namely, Shri Sunil
Kathuria, for not vacating the premises in spite of the
undertaking. This Court recorded his statement to the
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effect that possession of the land in question including the
construction thereon, was deemed to have been taken over
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on 30 April, 2013 in terms of the undertaking dated 9
December, 2011. It may also be noted that the appellant
had filed Writ Petition (Civil) No.2009 of 2014 before the
Delhi High Court for a declaration that acquisition in
respect of 13.3. acres of land situated in village Rangpuri
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@ Malikpur Kohi, Tehsil Kapashera, Mehrauli, Delhi had
lapsed and for restraining the authorities from taking over
physical possession thereof. The said writ petition was
dismissed against which the above appeal was filed. The
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said appeal was disposed of vide order dated 17
September, 2014 by recording that since possession of
land has already been taken over and contempt matter
disposed of, the High Court may decide the writ petition of
the appellants afresh.
3. It is in the above background that the present
applications have been filed. I.A. No.4 seeks extension of
time for running the school in spite of possession having
been deemed to have been taken over by the DDA. I.A.
Nos.5 and 6 have been filed by the Government of NCT,
Delhi seeking direction to the Administrator appointed by
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the Court/DDA to hand over possession of the land and
the school building so that the school can be run as a
Government school. I.A. No.7 has been filed by the
appellants with a prayer to take into account exclusion of
9 bighas of land in Khasra No.1877, while passing orders
for handing over possession of the remaining land to the
persons this Court deems fit.
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4. We have heard learned counsel for the parties.
5. It is clear from the facts already noticed that the
possession of the entire land stands handed over to the
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DDA as on 30 April, 2013. Nothing stands excluded. The
school was taken over by the Administrator. Only further
direction required is that the Delhi Government may take
over the school from the Administrator in accordance with
law on which the Administrator appointed by the Court
will stand discharged.
6. I.A. Nos.4 to 6 stand disposed of accordingly.
There is no merit in I.A. No.7 which will stand dismissed.
JUDGMENT
.…………………………….J.
(ANIL R. DAVE)
……………………………..J.
(SHIVA KIRTI SINGH)
……………………………..J.
(ADARSH KUMAR GOEL)
NEW DELHI
FEBRUARY 19, 2016.
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