Supreme Court Orders Delhi Government to Take Over School from Private Management

The case of Kathuria Public Schools & Others vs. Union of India & Others revolves around the long-standing dispute regarding the acquisition of land in Delhi, which housed a private school. The Supreme Court examined whether the private school could continue operations on the acquired land despite multiple judicial orders directing the handover of possession to the Delhi Development Authority (DDA).

Background of the Case

The issue began with the issuance of a Section 4 notification under the Land Acquisition Act, 1894 on January 23, 1965, concerning land situated in Village Rangpuri @ Malikpur Kohi, Tehsil Kapashera, Mehrauli, Delhi. Subsequently, a Section 6 declaration was issued on December 26, 1968, confirming the acquisition. The compensation award for the acquired land was made by the Collector on March 30, 1981.

Despite the acquisition process being completed, the petitioners purchased the land after the notification and established a school. They challenged the acquisition through Writ Petition (Civil) No. 586 of 1981 before the Delhi High Court, which dismissed the petition on December 14, 1995. The Division Bench upheld this dismissal, and the Supreme Court also dismissed the special leave petition on November 1, 1996.

Subsequent Litigation and Contempt Proceedings

Following these legal setbacks, the petitioners made multiple attempts to retain control over the land:

• They submitted a representation to the government requesting the release of the land.
• They filed Writ Petition (Civil) No. 233 of 1997, seeking directions to consider their representation. The High Court dismissed this on November 9, 2011.
• The review petition was also dismissed on December 2, 2011.
• A special leave petition against this order was dismissed by the Supreme Court on December 9, 2011. However, the Court directed status quo to be maintained until April 30, 2013, provided the petitioners filed an undertaking to vacate the premises.

Despite filing the undertaking on January 6, 2012, the petitioners failed to vacate the land, prompting the DDA to initiate Contempt Petition (Civil) Nos. 281-282 of 2014 before the Supreme Court.

Supreme Court’s Interim Orders

Recognizing the public interest involved, the Supreme Court, on August 1, 2014, passed an order:

• Permitting DDA to take possession of the acquired land, except for the area where the school building stood.
• Appointing Senior Advocate Rakesh K. Khanna as an Administrator to supervise the functioning of the school.
• Directing that the Administrator would be in charge of the school’s administration.

On September 17, 2014, the Court disposed of the contempt petitions after accepting an apology from the contemnor, Shri Sunil Kathuria, for failing to vacate the premises despite filing an undertaking.

Fresh Writ Petition and Current Applications

While the contempt petitions were being heard, the petitioners filed Writ Petition (Civil) No. 2009 of 2014 before the Delhi High Court, seeking a declaration that the acquisition of 13.3 acres of land had lapsed. They also requested an injunction against any attempt by authorities to take physical possession of the land. The High Court dismissed the petition, leading to an appeal before the Supreme Court.

On September 17, 2014, the Supreme Court disposed of the appeal, directing the High Court to reconsider the petition afresh in light of subsequent developments.

Supreme Court’s Final Judgment

In the present applications before the Supreme Court:

• I.A. No. 4: The petitioners sought an extension of time to continue operating the school despite the land being taken over.
• I.A. Nos. 5 and 6: The Government of NCT, Delhi, requested directions to the Administrator to hand over possession of the school to the Delhi Government so it could be operated as a public school.
• I.A. No. 7: The petitioners requested the Court to exclude 9 bighas of land in Khasra No. 1877 from the order directing handover to the government.

The Supreme Court observed that possession of the entire land had already been taken over by DDA on April 30, 2013. Therefore:

• The Delhi Government was directed to take over the school from the Administrator.
• The Administrator appointed by the Court was discharged.
• I.A. Nos. 4-6 were disposed of, and I.A. No. 7 was dismissed.

Impact of the Judgment

This ruling reinforces key legal principles:

• Government acquisition of land cannot be undone by continued occupation or delayed litigation.
• Undertakings given in court must be honored, or contempt proceedings may follow.
• Educational institutions on acquired land can be taken over by the government in the public interest.

Conclusion

The Supreme Court’s decision in Kathuria Public Schools vs. Union of India upholds the sanctity of land acquisition laws and government control over public welfare projects. By directing the Delhi Government to take over the school, the Court ensures continuity in education while preventing private entities from unduly occupying acquired land.

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