KHELA BANERJEE Vs. CITY MONTESSORI SCHOOL

JUDGEMENT

(1.) The main question which arises for consideration in these appeals is whether, having rejected its prayer for issue of a mandamus to Lucknow Development Authority (LDA) to accept the total amount of sale consideration with regard to plot No.92A/C (Khasra No. 754), Mahanagar, Lucknow, the High Court could have relied upon the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (for short, the 2009 Act ) and granted relief to City Montessori School (respondent No.1 in Civil Appeal No.10181 of 2011 and the appellant in Civil Appeal No.10180 of 2011) in substantially similar terms. An ancillary question which needs determination is whether the High Court had rightly quashed the action taken by LDA and Nazul Officer, Lucknow in compliance of order dated 4.5.2009 passed in Writ Petition No.4085/2009.

(2.) For the sake of convenience, the parties shall hereinafter be referred to as the appellants and respondent No.1.

(3.) 1. The Nazul Officer leased out plot No.92A, Mahanagar, Faizabad Road, Lucknow to Shri Moni Mohan Banerjee (hereinafter described as Shri Banerjee ) in 1958 for a period of 30 years with a right to seek two renewals of 30 years each. The terms of the lease were incorporated in the registered deed executed on 14.2.1959.