Excelsior Correspondent
JAMMU, Nov 1: Supreme Court has allowed the appeals filed by J S Luthra Academy and set-aside the judgement of Division Bench of State High Court dated April 1, 2000.
The case before the Supreme Court was that initially J S Luthra Academy was situated on a Wakf property at Jammu and vide order dated December 27, 1995 of the authority constituted under J&K Wakf Act, 1978 the educational institution was ordered to be evicted from the Wakf property.
Against this order, Luthra Academy approached J&K Special Tribunal and an interim order of stay on eviction was granted. In the meanwhile, Academy approached the Government for allotment of land at any place for shifting the school. Accordingly, two kanals of land was allotted to the educational institution in Channi Himmat area at the rate of Rs 8,00,000 per kanal and two kanals free of cost.
However, the residents of Channi Himmat and United Public School challenged the Government decision in the High Court but Single Judge dismissed the writ petitions. Later, the Division Bench of State High Court set aside the order of the Single Judge and quashed the allotment made in the favour of the Academy.
The judgment of the DB was challenged by Luthra Academy in the Supreme Court, which on October 30, 2018 set aside the judgement of Division Bench of J&K High Court dated April 1, 2009 and restored the Judgment of Single Judge in view of the fact that there was no material to show that the Academy was illegally granted allotment of four kanals of land.
Advocate Bimal Roy Jad appeared for Luthra Academy.
The Supreme Court directed the Academy to pay Rs 8 lakh per kanal for two kanals plus interest at the rate of 6% within three months.
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