REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6662 OF 2004

Ramjas Foundation and another

……..Appellants

Versus

Union of India and others

…….Respondents

J U D G M E N T

G.S. Singhvi, J.

1.

This appeal is directed against judgment dated 18.5.2001 of the

Division Bench of the Delhi High Court whereby the first appeal preferred

by the appellants against the judgment of the learned Single Judge, who

declined to nullify the acquisition of their land was dismissed.

2.

Rai Sahib Kedar Nath, who retired as District Judge from the Punjab

Judicial Service started three schools in Kucha Ghasi Ram, Chandni Chowk,

Bazar Sita Ram and Daryaganj, Delhi between 1912 and 1916 in the

memory of his father, Lala Ramjas Mal. He purchased land measuring

about 1800 bighas in villages Chowkri Mubarikabad and Sadhora Khurd,

which now form part of NCR Delhi from his own resources and by

collecting money in the form of donations from other philanthropists. In a

public function held on 25.12.1916 in Ramjas School, Kucha Ghasi Ram,

Chandani Chowk, Rai Sahib Kedar Nath is said to have made an

announcement that he had created a Wakf and dedicated and donated all his

movable and immovable properties including the land in villages Chowki

Mubarikabad and Sadhora Khurd to the said school for charitable purposes,

namely, advancement and promotion of education to the public and poor

students. In 1917, he formed Ramjas College Society and got the same

registered under the Societies Registration Act, 1860 as a charitable

institution. The objects of the Society were as under:

“i)

To provide school and university education for boys and

girls.

ii)

To maintain schools, colleges, boarding houses and

training institutes for training of teachers.

iii)

To provide means for imparting technical and industrial

education in connection with the institutions under the

control of foundation.

iv)

To provide means for imparting a sound moral and

catholic religious education free from superstitious and

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controversial matters and based on the Vedas and ancient

shastras.

v)

To encourage and take part in Scientific Research of

various kinds as well as in the study translation and

publication of the Sanskrit literature and philosophy of

ancient India.

vi)

To amalgamate with the foundation any other societies

having objects similar to those or any of these of the

Foundation.

vii)

To give loans to the institutions aided, run managed by or

under the control of the Foundation and for the benefits

of the students studying in the said institutions, aid,

grants, donations, subscribe to Government and/or semi-

Government relief funds, award scholarships,

fellowships, stipends of any kind as also to take/accept

donations, gifts and charities etc.”

3.

After some time, Rai Sahib Kedar Nath formed a managing

committee of which he was the President. On 25.6.1936, he transferred the

entire land to the Society by executing a release deed. In 1967, the name of

the Society was changed from Ramjas College Society to Ramjas

Foundation and the same was registered as such.

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4.

By notification dated 13.11.1959 issued under Section 4 of the Land

Acquisition Act, 1894 (for short, ‘the Act’), the Chief Commissioner of

Delhi proposed acquisition of 34070 acres land including 872 bighas and 17

biswas land of appellant No.1 situated at Chowkri Mubarikabad and 730

bighas land situated at Sadhora Khurd for planned development of Delhi

excluding the following categories of land:

(a)

Government land and evacuee land;

(b)

the land already notified under Section 6 of the Land

Acquisition Act for any Government Scheme;

(c)

the land already notified either under Section 4 or 6 of

the Land Acquisition Act, for House Building

Cooperative Societies mentioned in Annexure III;

(d)

the land under graveyards, tombs, shrines