Page 1

1

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.

1. These  applications  have  been  filed  in  decided

appeal arising out of order of the High Court of Delhi dated

27th 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

Acquisition  Act,  1894  (‘the  Act’)  was  issued  on  23rd

Page 2

2

January,  1965 after  which the appellant  claims to  have

purchased  the  land.  Declaration  under  Section  6  was

issued on 26th December, 1968.  Award for compensation

was  made  by  the  Collector  on  30th March,  1981.  The

appellant filed a writ petition challenging the acquisition

being Writ Petition (Civil) No.586 of 1981 before the Delhi

High Court which was dismissed on 14th December, 1995

which order was affirmed by the Division Bench against

which special leave petition was dismissed by this Court

on 1st 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

petition was dismissed on 9th November, 2011.  The review

petition  against  the  said  order  was  dismissed  on  2nd

December,  2011.  Special  leave petition filed against the

said  order  was  dismissed  on  9th 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

filed an undertaking on 6th  January, 2012.  However, the

Page 3

3

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

(DDA).  On 1st 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

overall  in  charge  of  the  administration.   On  17th

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

effect that possession of the land in question including the

construction thereon, was deemed to have been taken over

on 30th April, 2013 in terms of the undertaking dated 9th

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

Page 4

4

@ 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

said  appeal  was  disposed  of  vide  order  dated  17th

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

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.

Page 5

5

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

DDA as on 30th 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.

.…………………………….J.                           (ANIL R. DAVE)

……………………………..J.                                                    (SHIVA KIRTI SINGH)

……………………………..J.                                                    (ADARSH KUMAR GOEL)

NEW DELHI FEBRUARY 19, 2016.