1. Takeover of medical college assets — Dispute regarding inclusion of properties unrelated to the institution. (Para 2 )
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2018 Supreme(SC) 1925
SUPREME COURT OF INDIA
Rohinton Fali Nariman, Navin Sinha, JJ.
Sourabh Brala & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
Writ Petition(s)(Civil) No(s). 571 of 2018 IA No. 180352, IA No. 115020, IA No. 108455, IA No. 180047, IA No. 78777, IA No. 131278, IA No. 116714, IA No. 180351, IA No. 180350, IA No. 108453, IA No. 97474, IA No. 90248 of 2018, IA No. 167835 of 2018, WITH W.P.(C) No. 798 of 2018 (X)
Decided On : 13-12-2018
Advocates Appeared:
Nidhesh Gupta, Senior Advocate, Akshat Shrivastava, AOR, Ashok sama, Advocate Ms. Vriti Ghoshal, Advocate Tarun Gupta, AOR, for the Appellant; Dr. Abhishek Manu Singhvi, Senior Advocate Amarendra Sharan, Senior Advocate, Anip Sachthey, Advocate Amitabh Sinha, Advocate Vivek Singh, Advocate Swastik Dalai, Advocate Chandra Bhushan Prasad, AOR Jatinder Kumar Sethi, Dy. AG Ashutosh Kumar Sharma, Advocate Jatinder Kumar Bhatia, AOR Vijay Prakash, Advocate Ms. Prerna Priyadarshini, Advocate G.S. Makker, AOR Vikas Singh, Senior Advocate Gaurav Sharma, AOR Dhawal Mohan, Advocate Prateek Bhatia, Advocate Prasanna Mohan, Advocate Abhishek, Advocate Sumeer Sodhi, AOR Siddharth Sharma, Advocate, for the Respondents
Nidhesh Gupta, Senior Advocate, Akshat Shrivastava, AOR, Ashok sama, Advocate Ms. Vriti Ghoshal, Advocate Tarun Gupta, AOR, for the Appellant; Dr. Abhishek Manu Singhvi, Senior Advocate Amarendra Sharan, Senior Advocate, Anip Sachthey, Advocate Amitabh Sinha, Advocate Vivek Singh, Advocate Swastik Dalai, Advocate Chandra Bhushan Prasad, AOR Jatinder Kumar Sethi, Dy. AG Ashutosh Kumar Sharma, Advocate Jatinder Kumar Bhatia, AOR Vijay Prakash, Advocate Ms. Prerna Priyadarshini, Advocate G.S. Makker, AOR Vikas Singh, Senior Advocate Gaurav Sharma, AOR Dhawal Mohan, Advocate Prateek Bhatia, Advocate Prasanna Mohan, Advocate Abhishek, Advocate Sumeer Sodhi, AOR Siddharth Sharma, Advocate, for the Respondents
The Court directed the submission of a sketch plan and asset list to distinguish Medical College properties from other assets during a takeover, specifying that the takeover and compensation must be executed through a State Act or Ordinance.
Headnote:
Impleadment - Medical College Takeover - Court directs filing of sketch plan and list of assets exclusively apportioned to the Medical College
Fact of the Case:
During the implementation of court directions, the College and Trust claimed that properties unrelated to the Medical College were taken over.
Finding of the Court:
The court directed the College and Trust to file a sketch plan and list of assets exclusively apportioned to the Medical College. It was clarified that the Medical Council of India is free to act in accordance with the law regarding the Medical College.
Issues: Dispute over the takeover of properties unrelated to the Medical College
Ratio Decidendi: The court emphasized the need for a clear delineation of assets exclusively apportioned to the Medical College and allowed the impleadment to address the issue.
Final Decision: The court allowed the application for impleadment and directed the filing of a sketch plan and list of assets exclusively apportioned to the Medical College.
Legal Category Hierarchy
Table of Contents
2. Claim that properties unrelated to the medical college were erroneously taken over — Denial of such claims by the state and petitioners. (Para 2 , 3 )
3. Requirement for specific identification of assets exclusively apportioned to the medical college — State's intention to effect takeover and compensation through legislative action. (Para 4 , 6 )
4. Takeover of immovable and movable assets and payment of compensation to be executed through an Act or Ordinance of the State Legislature. (Para 6 )
5. Impleadment allowed — Direction to file sketch plan and asset list — Regulatory body permitted to act according to law. (Para 1 , 4 , 5 , 7 )
6. How should the takeover of assets and payment of compensation be handled?
The takeover of land, buildings, and movable/immovable assets, along with the payment of compensation, is to be carried out through an Act or Ordinance of the State Legislature or Government. (Para 6 )
7. What is the authority of the regulatory body during the management of the medical college?
The regulatory body is free to act in accordance with the law regarding the medical college during the period of management by the respondents. (Para 7 )
ORDER
1. Application for impleadment is allowed.
2. By our order dated 06.12.2018, we had passed certain directions, which have been implemented. During the course of implementation, the Respondent Nos. 4 & 5 - College and Trust have brought to our notice that properties which have nothing to do with the Medical College have also been taken over.
3. This is stoutly denied by Mr. Jatinder Kumar Sethi, learned Deputy Advocate General for the State of Uttarakhand and Mr. Nidhesh Gupta, learned counsel appearing for the petitioners.
4. We, therefore, direct Respondent Nos. 4 & 5 to file a sketch plan indicating specifically as to what exactly is the area of land and buildings together with a list of the assets which are exclusively apportioned to the Medical College.
5. This will be done by way of an affidavit to be filed within a period of one week from today. The other parties may respond to this affidavit within two weeks thereafter.
6. On a query made to Mr. Sethi as to how the land, buildings, immovable and movable assets are to be taken over in accordance with law and compensation therefor be paid, we have been informed by Mr. Sethi that this will be done by an Act/Ordinance of the State Legislature/Government.
7. We make it clear that insofar as the Medical College alone is concerned, the Medical Council of India is free to act in accordance with law insofar as the Respondent Nos. 4 & 5 are concerned, during their period of management of the Medical College.
8. To come up on Thursday, the 10th January, 2019.
