ORISSA STATE HOUSING BOARD Vs. INDIRA ENGLISH MEDIUM SCHOOL & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4413 of 2016, Judgment Date: Apr 25, 2016

                                                              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.

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.