LAWS(DLH)-2004-5-90

ST THOMAS EDUCATIONAL SOCIETY Vs. UNION OF INDIA

Decided On May 22, 2004
ST.THOMAS EDUCATIONAL SOCIETY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Rule. With consent of counsel for the parties, the petition is taken up for final hearing.

(2.) The petitioner herein claims to be a registered educational society which was allotted land measuring about 4980 sq. yds. beating khasra No. 420 and 532 situated at village Neb Sarai, New Delhi by respondent No. 4 on behalf of respondent Nos. 2 and 3. The petitioner's case is that they had been running a educational institution in the said premises and after inspection by CBSE and Directorate of Education-respondent No. 2, the school was recognised and affiliated by respondent No. 2 and CBSE and was also upgraded. The petitioner asserts that it was complying with all the terms and conditions of the lease agreement and all of a sudden on 29.12.2000, the said lease was cancelled without issuing any show cause notice. It is also stated that apart from the petitioner not having been issued any show cause notice, the impugned order did not also refer to any reason of any kind for cancellation of the lease. The relevant clause 8 of the lease agreement which forms the basis of impugned action is extracted herein. It reads as under:-

(3.) The relevant paragraph in the impugned order is para 6 which reads as under:-