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

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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.

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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 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 :-
(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 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 ]
…………………..J. [ ROHINTON FALI NARIMAN ]

New Delhi;
April 25, 2016.

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Read Also: Case Brief-Orissa State Housing Board Vs. Indira English Medium School & Ors