SHRI DEWAN SHIKSHA SAMITI Vs. NATIONAL FERTILIZERS LTD. AND OTHERS
LAWS(P&H)-2016-7-4
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 04,2016

Shri Dewan Shiksha Samiti Appellant
VERSUS
National Fertilizers Ltd. And Others Respondents

JUDGEMENT

RAKESH KUMAR JAIN, J. - (1.) This petition is filed for the issuance of a writ in the nature of mandamus, holding that no permission is required by respondents No.1 and 2 in permitting the petitioner to run the school on one hand and directing respondent No.3 to grant permission, as requested by respondent Nos.1 and
(2.) for leasing out the school building on the other. 2 In short, State of Haryana had acquired 1055 Kanal 02 Marlas of land of village Taraf -Afgan and Nangal Kheri, Tehsil and District Panipat in the year 1999 for the National Fertilizers Limited (hereinafter referred to as the "company") for the purpose of construction of its township of fertilizers plant. The deed of conveyance transferring the said land to the company was executed on 21.09.1999 between the State Government and the company. The company set up a township for its workers at the aforesaid land. Earlier, a Kendriya Vidyalaya was established by the company within its premises to education to the children of the workers and management employees. The aforesaid Kendriya Vidyalaya ran into losses and ultimately closed on 03.04.2014. Thereafter, being desirous to run a school in its premises, the company issued a Notice Inviting Tender (NIT) dated 05.03.2015, in response to which the petitioner participated in the tender process and was the successful bidder. The Letter of Intent (LOI) was issued by the company in favour of the petitioner on 14.05.2015, leasing out the school building along with playground for running the school for 30 years at the initial monthly lease amount of Rs.3,11,000/ - for 5 years with a stipulation of enhancement @ 20% after every 5 years on cumulative basis. It was also specifically mentioned in the LOI that "however, the leasing out of the school in your favour i.e. Shri Dewan Shiksha Samiti, Narwana, shall be subject to statutory permissions including permission from Directorate of Industries, Haryana Government". Thereafter, the petitioner repeatedly requested the company to hand over the school building to it and execute the lease deed in its favour for the purpose of commencing and running the school, but its prayer has not been acceded to, on the ground that the company had already requested the State Government vide letter dated 01.10.2014 and reminder dated 03.12.2014 but no response has been received from the State Government in this regard.
(3.) Feeling aggrieved from the inaction on the part of the company as well as the State Government, the petitioner has filed the present petition in which it has confined its grievance to the non -handing over of the site of the school and non -execution of lease of the school in their favour for the purpose of running the school.;


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