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1996 DIGILAW 1690 (SC)

M. C. Mehta v. Union of India

1996-09-11

KULDIP SINGH, S.SAGHIR AHMAD

body1996
JUDGMENT : lA No. 18 D.A.V. SCHOOL, PUSA ROAD 1. Mr. M.K. Dua, learned counsel appearing for the school has very fairly stated that the school is occupying 3 per cent area in excess of the original allotment. According to Mahajan Report, the school is in possession of 324 sq.yds (approximately) excess land. Learned counsel further states that the school management shall itself surrender the excess area towards the ridge side within two months from today. We direct the Ridge Management Board to take over the possession of the excess area from the school. The area shall be fenced and the work of plantation of tres etc. shall be undertaken by the Board. MADRAS EDUCATION SOCIETY 2. None appears for the institution. According to the Report, the school has 136 sq. yds. excess land. We direct the Ridge Management Board to take over the possession of the excess land within two months from today. The area shall be fenced and the work of plantation of trees etc. shall be undertaken by the Board. ST. MICHALS SCHOOL, P USA ROAD 3. According to the Mahajan Report, the schools was allotted 2.435 acres of land by the Land and Development Office on November 22, 1961. Mr. R. Watel, learned counsel has placed on record a letter dated May 10, 1962 according to which, the total area of the plot measures 2.567 and not 2.435 acre. Even tahen, the school is occupying more than its entitlement. According to the Mahajan Report the area in possession of school is about 2.7 acre. We direct the Ridge Management Board to take over the excess area from the school within two months from today. BAL BHARAT P UBLIC SCHOOL, P USA ROAD 4. According to the Mahajan Report, the institution is in possession of 727 sq. yds. (approximately) of excess land. Mr. R K. Khanna, learned counsel for the school states that the school has already surrendered the excess land. Be that as it may, we direct the Ridge Management Board to take over the possession of the excess area within two months from today. PLAY GROUND, BAL BHARATI PUBLIC SCHOOL, PUSA ROAD 5. Learned counsel very fairly states that the excess land of about 110 sq. yds shall be surrendered to the Ridge Management Board within two months. BAL BHARATI PUBLIC SCHOOL, POOR VI MARG, NEW RAJINDER NAGAR 6. PLAY GROUND, BAL BHARATI PUBLIC SCHOOL, PUSA ROAD 5. Learned counsel very fairly states that the excess land of about 110 sq. yds shall be surrendered to the Ridge Management Board within two months. BAL BHARATI PUBLIC SCHOOL, POOR VI MARG, NEW RAJINDER NAGAR 6. The school is in possession of 0.45 acre (2178 sq. yds) excess land. Mahajan Report further indicates that the school has unauthorisedly occupied 1.08 acre on the front portion of the school building. The rear side of the building consists of one swimming pool, one gymnasium and seven servant quarters. Learned counsel states that the seven servant quarters have already been demolished. According to Mahajan Report the total unauthorised area in possession of the institution comes to 1.53 acre. This area has to be surrendered by the management. We give liberty to the management to retain the area where swimming pool and gymnasium have been constructed and surrender the equivalent area to the Ridge Management Board. In other words, the total area allotted to the institution is 1.50 acre plus 1.87 acre plus 1322 sq. yds. The total comes to 3.64 acre. The school is entitled to retain the allotted area. Any area in excess of 3.64 acre shall be surrendered by the school within two months to the Ridge Management Board. The Ridge Management Board shall take over the excess area, fence it and plant trees on the same. SPRING DALES SCHOOL, PUSA ROAD 7. Mr. Jitender Sharma, learned counsel appearing for the school states that the school is in possession of 2986 sq.yds. in excess. But he states that it is being maintained as a garden and the school should be permitted to retain the same. We direct the school to surrender 2986 sq. yds to the Ridge Management Board within two months from today. RAMJAS P UBLIC ' SCHOOL, PUSA ROAD 8. Mr. Sharma, learned counsel appearing for the school states that the school is in possession of 489 sq. yds. approximately excess land and the same shall be surrendered to the Ridge Management Board within two months. The Board shall take over the possession and add it to the Ridge. JANKI DE VI AM IM VIDALA YA 9. This institution has been allotted 11.570 acre by the Land and Development Office in the year 1960. The college is in actual possession of 13.580 acre of land. The Board shall take over the possession and add it to the Ridge. JANKI DE VI AM IM VIDALA YA 9. This institution has been allotted 11.570 acre by the Land and Development Office in the year 1960. The college is in actual possession of 13.580 acre of land. The college is in possession of 1548.80 sq. ysds. (approx.) excess land. This land shall be taken over by the Ridge Management Board within two months from today. The Mahajan Report further indicates that about 2.5. to 3 acre of of land, which has been allotted to the institution, has not been developed and utilised. According to the Mahajan Report, this land is towards the Ridge side and looks like rocky forest area. We direct that this are which has not been utilised by the institution shall be taken over by the Ridge Management Board. If any price has been paid by the institution for this area in the year 1960, the same shall be returned to the institution by the Land & Development Office with 10 per cent interest. If the land was given without charging any money, then nothing need be paid to the institution. The Ridge Management Board shall take over possession of this area within two months from today. D.I. KHAN SR. SEC. SCHOOL 10. The total area allotted to the school is 6.5 acre. According to the Mahajan Report, the school is in possession of 6534 sq. yds. excess land. We direct the Ridge Management Board to take over the excess area from the school within two months and add the same to the Ridge area. 11. The Mahajan Report further indicates that an area of 2 acres allotted to the school is not being used by the school for any purpose. Learned counsel for the school on the other hand states that the area is being utilised for play ground and for other purposes. We direct Mr. Khanduri, Secretary of the Ridge Management Board to visit this area and report as to whether since inception of the school this land was ever utilised for any purpose including play ground. Mr. Khanduri shall submit the report within two weeks from today. Mr. Khanduri shall visit the school after informing the management. N.P. SCHOOL, MANDIR MARG 12. According to the Majahan Report, the school has an excess area of 0.11 acre (532 sq. yds). Mr. Khanduri shall submit the report within two weeks from today. Mr. Khanduri shall visit the school after informing the management. N.P. SCHOOL, MANDIR MARG 12. According to the Majahan Report, the school has an excess area of 0.11 acre (532 sq. yds). We direct the Ridge Management Board to take over the possession of the excess area within two months from today. HAR COURT BUTLER SCHOOL, MANDIR MARG 13. The school did not produce any lease deed before the Mahajan Report. None appears for the school. We direct the Land and Development Office to inform this Court as to how much area was allotted to this school. To come up on 17.9.96. RAISEENA BENGALI SCHOOL, MANDIR MARG 14. Mr. S.B. Sanyal, learned senior counsel appearing for the school states that the area allotted to the school is 1.732 acre. He further states that the Management has already fenced this area of 1.732 acres and left out the remaining area. We direct the Ridge Management Board to take over the excess area, which the school is ready to surrender, within two months. J.D. TYLER SCHOOL, R BLOCK, NEW s RAJINDER NAGAR 15. Mr. Mahajan states that th"xcess area has already been takenuver from the school. Nothing more need be done in this case. MANAV STHALI SCHOOL, R BLOCK, RAJINDER NAGAR 16. Mr. P.P. Singh, learned counsel appearing for the school states that any excess land shall be surrendered to the Ridge Management Board. According to the Mahajan Report the school is occupying .042 acre excess land. We direct the Ridge Management Board to take over the excess land from the school leaving 3.178 acre with the school within two months from today. BAPUADARSH VIDYALAYA R-BLOCIc NEW RAJINDER NAGAR 17. Mr. Chandha, learned counsel appearing for the school very fairly states that the school does not want to retain any more area than it was allotted to it. According to him, the allotted land is 1.809 acre. The school is prepared to surrender the excess area. We direct the Ridge Management Board to take over the excess area within two months from today. ARMY PUBLIC SCHOOL, DHA ULA KUAN, NEW DELHI 18. The school is on the Defence land. The allotment was made by the Ministry of Defence. The Tiwari Report recommended that about 21.8 acre could be included into the Ridge. We direct the Ridge Management Board to take over the excess area within two months from today. ARMY PUBLIC SCHOOL, DHA ULA KUAN, NEW DELHI 18. The school is on the Defence land. The allotment was made by the Ministry of Defence. The Tiwari Report recommended that about 21.8 acre could be included into the Ridge. Since the land belongs to the Ministry of Defence and it is also disputed that the land forms part of the Ridge, the matter needs investigation. But we do not wish to go into that as Mr. Malhotra very fairly states that the school shall maintain the area as a green area. No further construction shall be made on the area indicated in the Mahajan Report. 19. The Ridge Management Board is directed to take over possession of the excess land from the above mentioned schools within two months, fence it and maintain it as green area by planting trees etc.