HC orders TN govt on educational trusts plea

Updated on: Tuesday, March 31, 2009

Chennai: Hc directed TN to consider new applications from educational trust and charities

The Madras High Court has directed the Tamil Nadu Government to consider afresh applications from various educational trusts and charities seeking clearance to run engineering colleges.

Disposing of a batch of appeals and petitions, a Division Bench comprising Justice P K Misra and Justice A Kulasekaran reverted the applications back to the authorities concerned after they were informed that a bill to further amend the Tamil Nadu Land Reforms (Fixation of Land Ceiling) Act 1961 had been passed by the state assembly and was awaiting assent.

The Judges were informed that the amendment would enable the state to grant permission under section 37(B) in respect of land already acquired in excess of the ceiling limit by persons like the appellants and petitioners and fixing a time limit for submitting applications for such permission.

'In view of the changed circumstances it is not necessary to go into questions raised by the petitioners and appellants and hence the orders of the state government and the Anna University are set aside', the Bench said remanding back the applications to the state government to consider afresh.

According to the unamended section 37-B of the Act, educational institutions had to obtain approval for running engineering colleges from the state government before purchaseof land. Under the section, approval could be given with prospective effect and not retrospective effect.

The trusts and charities had purchased land for starting colleges and then applied to the authorities concerned for approval, which was rejected under section 37(B).

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HC orders TN govt on educational trusts plea

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