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HC allows corpn to recover land leased to edu trust

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The Times of India      21.01.2011

HC allows corpn to recover land leased to edu trust

CHENNAI: The Madras high court has upheld the Chennai corporation's move to retrieve a prime property leased to a trust running two schools at Shenoy Nagar, and has asked the corporation to run the schools by itself or through any worthy educational trust.

A division bench comprising Justice Elipe Dharma Rao and Justice KK Sasidharan, making it clear that the new trust or organisation should have enough experience and be able to run the institutions without any commercial motive, said the welfare of students and teaching and non-teaching staff members should be kept in mind.

The bench passed the order while dismissing a writ petition of Thiru Vi Ka Dr Mu Va Educational Trust, which runs a higher secondary school and a matriculation school, challenging the order of the corporation to recover its lands leased out to the trust.

Originally, the corporation leased out lands in A and B blocks from the year 1955 and C and D blocks from 1962 to the trust. As per the terms of the lease, B and C blocks were to be utilized as playgrounds. Subsequently, the corporation took possession of the land in B block for developing it as a playground. Thereafter in 2002, it also sought to recover the lands in C block for establishing corporation playground, which was challenged by the trust. The corporation also claimed that the total lease arrears amount was Rs 35.61 crore for the lands in A, C and D blocks.