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Supreme Court of India

DELHI DEVT.AUTHORITY vs SUNIL KATHURIA on 17 September, 2014

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CONMT.PET.(C) No.-000281-000282 - 2014Official PDFBench Anil Ramesh Dave, Vikramajit SenAdvocates ASHWANI KUMAR
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/APPELLATE JURISDICTION
CONMT.PET.(C) No. 281-282 OF 2014
IN
SPECIAL LEAVE PETITION (C) NOs. 34794-34795 OF 2011
DELHI DEVT.AUTHORITY Petitioner(s)
VERSUS
SUNIL KATHURIA & ORS Respondent(s)
WITH
CIVIL APPEAL NO. 9220 OF 2014
[ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 15796
OF 2014]
J U D G M E N T

CONMT.PET.(C) No. 281-282 OF 2014 IN SPECIAL LEAVE JUDGMENT PETITION (C) NOs. 34794-34795 OF 2011

Mr. Sunil Kathuria, Chairman, Kathuria Public

School Educational and Charitable Society, is present

in this Court and he has tendered his unconditional

and absolute apology for not vacating the premises in

question in spite of the order passed by this Court.

The apology is accepted.

He has further stated that he is deemed to have

handed over possession of the land in question

including the premises constructed thereon on

30.04.2013, as per his undertaking given to this

Court on 09.12.2011.

At present, Kathuria Public School is being

managed by Sh. Rakesh Khanna, learned senior counsel,

in pursuance of this Court's order dated 01.08.2014.

He shall continue to look after the management of the

school till 30.04.2015 or till final decision, which

might be rendered by the High Court in Writ Petition

(C) No. 2009 of 2014, whichever is earlier.

Mr. Rakesh Khanna, learned senior counsel, had

been appointed as an Administrator to look after the

management of Kathuria Public School and hence, he

shall be paid an honorarium of Rs. 1,00,000/- (Rupees

One Lac only) per month till 30.04.2015 from the day

he was appointed as such. The said honorarium (excluding the JUDGMENTexpenditure which might have beenincurred by him for the purpose of administration of

the school) shall be paid by Kathuria Public School

Educational and Charitable Society.

In view of the above order, the Contempt

Petition (C) Nos. 281-282 of 2014 are disposed of.

CIVIL APPEAL NO. 9220 OF 2014 [ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 15796 OF 2014]

Leave granted.

Heard the learned senior counsel appearing for the

appellants as well as the school administrator

appointed by this Court.

Mr. Sunita Sharma, learned counsel, accepts notice

on behalf of Union of India and Mr. Ashwani Kumar,

learned counsel, accepts notice on behalf of Delhi

Development Authority (DDA).

Upon hearing the learned counsel for either side

and upon perusing the impugned Judgment, we find that

the High Court did not decide the Writ Petition, being

W.P.(C) No. 2009 of 2014 and CM. Application No. 4193

of 2014 on merits, for the reason that the contempt

petitions were pending in this Court and possession of

the land in question had not been handed over by the

appellants to the respondent – DDA. JUDGMENT

Since the contempt petitions have now been

disposed of and possession of the land in question has

also been taken over by Mr. Rakesh Khanna, learned

senior counsel, on behalf of DDA, the reasons for

which the writ petition was not decided on merits by

the High Court do not exist today.

In these circumstances, we quash and set aside the

impugned Judgment delivered by the High Court and

remand the matter to the High Court so that the writ

petition can be decided on merits.

Looking at the peculiar facts of the case, we

desire that the High Court should decide the writ

petition, preferably by 30th December, 2014 because at

present, the school is being run on the land in

question and the school is permitted to continue only

till 30th April, 2015, unless the petition filed by the

appellants challenging the validity of the acquisition

is allowed.

We have been informed by the learned counsel that

all matters which pertain to release of land in

question in pursuance of Section 24(2) of the Right to

Fair Compensation & Transparency in Land Acquisition,

Rehabilitation & Resettlement Act, 2013, are pending

before a Division Bench in Court No. 2 in the High Court. Therefore,JUDGMENTthe learned counsel for theappellants is permitted to mention this matter before

the High Court in Court No. 2 so that the matter can

be taken up for hearing at an early date.

The learned counsel appearing for either side have

assured this Court that their counterparts appearing

in the High Court shall extend their cooperation,

without praying for unnecessary adjournments, so that

the writ petition can be disposed of by the High Court

within the stipulated time.

With the above observations and directions, the

Civil Appeal is disposed of as allowed with no order

as to costs.

New Delhi; September 17, 2014.

CIVIL ORIGINAL JURISDICTION

IN

SPECIAL LEAVE PETITION (C) No. 34794-34795 OF 2011

STATEMENT OF SH. SUNIL KATHURIA,

AGED 56 YRS

ON SA

I tender my unconditional and absolute apology for

what I have done.

R.O & A.C. 17.09.2014

New Delhi; JUDGMENTSeptember 17, 2014.