(Rohinton Fali Nariman and Navin Sinha, JJ.)
Sourabh Brala and Others ___________________________ Petitioner(s);
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 571/2018, decided on December 13, 2018
(For Admission and IA No. 78777/2018-Exemption From Filing O.T.) IA No. 180352/2018 – Clarification/Direction IA No. 115020/2018 – Exemption From Filing O.T. IA No. 108455/2018 – Exemption From Filing O.T. IA No. 180047/2018 – Exemption From Filing O.T. IA No. 78777/2018 – Exemption From Filing O.T. IA No. 131278/2018 – Exemption From Filing O.T. IA No. 116714/2018 – Exemption From Filing O.T. IA No. 180351/2018 – Intervention/Impleadment IA No. 180350/2018 – Modification IA No. 108453/2018 – Permission to File Additional Documents/Facts/Annexures IA No. 97474/2018 – Permission To File Additional Documents/Facts/Annexures IA No. 90248/2018 – Permission To File Additional Documents/Facts/Annexures IA No. 167835/2018 – Permission To File Additional Documents/Facts/Annexures With W.P.(C) No. 798/2018 (X) (For Admission and IA No. 91235/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
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.
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