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2012 Supreme(P&H) 13

K.KANNAN
St. Joan’s Education Society – Appellant
Versus
National Thermal Power Corporation Ltd. – Respondent


For the Petitioner:Mr. Rajiv Atma Ram, Senior Advocate, with Ms. Trishanjali Sharma, Mr.Saurabh Arora, & Mr. Arjun Partap Singh, Advocates.
For the Respondents:Mr. Hawa Singh Hooda, Senior Advocate, with Mr. Yogesh Chaudhary, Advocate.

JUDGMENT

Mr. K. Kannan, J.: -

1. The writ petition is at the instance of an educationed institution challenging the continuance of the proceedings initiated by the respondents under the provisions of the Public Premises Act. It is significant to observe even at the outset that the proceedings before the Estate Officer has not been concluded and the writ petition has been filed when the proceedings were in progress and when the case was posted for hearing to a particular date for further evidence.

II. The litigious journey so far

(a) Petitioner’s possession of the land of NTPC for running a school

2. The facts leading up to the litigation would require to be quickly visited. An agreement has been entered into between the petitioner and the 1st respondent in respect of property measuring just under 7 acres of land on 26.06.2000. The agreement allows for the petitioner to establish a school conforming to CBSE pattern and allows for construction to be put up at the cost of the petitioner. The petitioner has given an undertaking through the agreement that it will run the school for a period of 30 years by obtaining rent at nominal rent of Rs.100/- per year. The agreement allows for the























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