Orissa State Housing Board Vs. Indira English Medium School & Ors, on 25th April, 2016; Supreme Court of India: Case Brief – Judgement

Orissa Housing Board asked by the Apex Court to allot alternate land to the School management, after its producing necessary affiliation from proper authority
Civil Appeal No. 4413 of 2016
Bench: Justice Kurian Joseph; Justice Rohinton Fali Nariman

Case Brief: The present case is brought before this bench by the Orissa State Housing Board, which has challenged the judgement (2013) of the High Court in the Writ Petition. In the impugned judgement of the High Court, the Housing Board was directed to allot an extent of 1.55 acres of land to the Respondent- School Management. While, the matter before this bench was pending, the bench decided to ask the State of Orissa to determine the controversy that ‘whether the State would be in a position to allot an alternate site for the said school management.’ Then the counsel appearing for the state, on instruction, submitted that State is in position to identify an alternate land for the purpose of allotment to the School. Moreover, he also submitted that such alternate land, now pointed out by the State in consultation with the Housing Board, can be allowed to the respondent- School management.

As such, the bench decided not necessary to consider the appeals on merits and disposed of with the directions that the Respondent is directed to make a formal application to the State with the one month’s period for the land allotment to establish a School, moreover, the directions also given to the school management to produce the affiliation from the appropriate authority, during the processing of the application. And soon after such affiliation is produced by the School management, the State should complete the process on the application for allotment and do the needful for grant of allotment. Moreover, the bench also made it clear that the extent of the land to be allotted for the school should not be, in any case, less that said 1.55 acres. Moreover, the respondent- school management is also permitted by the bench to attach the copy of this judgment for the purpose of affiliation as par as the matters of land requirement is concerned. As such, the bench decided the appeals and resultantly appeals were disposed of by setting aside the impugned judgement of the high court.

Read the Judgement: Orissa State Housing Board Vs. Indira English Medium School & Ors

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