DELHI DEVELOPMENT AUTHORITY Vs. KALKA EDUCATION SOCIETY

JUDGEMENT

(1.) The appellants Delhi Development Authority (DDA) and National Council for Teacher Education (NCTE) impugn the judgment dated 9 th February, 2010 of the Learned Single Judge in W.P.(C) No. 23464/2005 preferred by the respondent Society. While issuing notice of the appeal the operation of the said judgment was stayed and remains stayed. The counsels have been heard.

(2.) The facts are not in dispute. The respondent Society was vide letter dated 2 nd January, 1986 allotted a plot of land ad measuring 3.95 acres at Alaknanda, Kalkaji, New Delhi for the purposes of establishing thereon a school. Possession of the said land was handed over to the respondent Society on 2 nd May, 1991. However no lease deed executed in favour of the respondent Society. The writ petition aforesaid was filed by the respondent Society seeking mandamus for execution of the lease deed in its favour. Mandamus was also sought against the appellant NCTE to grant recognition to the respondent Society for conducting Elementary Teachers? Education course on the said land.

(3.) The appellant DDA contested the writ petition pleading that the respondent Society besides setting up a Senior Secondary School on the said land and for which purpose the land was allotted, was also running B.Ed. course in the building constructed thereon and in which regard notices had been issued to the respondent Society and with which the respondent Society had failed to comply.