Madras High Court asks railways to take over land for MRTS project in 15 days

Chennai: Justice S. Vaidyanathan of Madras HC dismissed the petition filed in 2004 by Annai Indira Gandhi Hut Dwellers Welfare Association, which sought to quash an order of the revenue secretary dated December 12, 2003, cancelling an earlier GO dated August 7, 2008, by which one cent of land each was assigned to 97 persons either free of cost or after the collection of land value based on the merit of each case. The court has directed the railways to take the lands for Velachery MRTS project.

“Since this court finds that there is no case made out by the petitioner, much less prima-facie case, it is open for the railways to take the lands in question allotted to it, within 15 days,” the judge said.

In the inspection report produced as per the direction of the court, it was clear that the lands alleged to have been claimed by the members of the petitioner-association were not for residential purpose alone and more places were also used for commercial purpose.

After the order of the Collector, the assignment of land had been cancelled, which has been confirmed by the Commissioner of Land Administration, which has attained finality and the government has not issued any order in favour of any one of the members of the association allotting any land, much less 1 cent of land each, for residential purpose, and squatting in the properties was illegal and the land grabbers cannot be shown any indulgence by anyone, much less by the court. If this court was coming to the rescue of the members of the petitioner-association, then, it was like this court also perpetuating the illegality, the judge added.

“From the photographs and videograph produced, it is clear that the members of the petitioner-association have caused hindrance to the development of the MRTS project,” the judge said.

It was for the Inspector General of Registration, Chennai, to ascertain as to how many properties have been sold with the connivance of the office of the sub-registrar and several hands have been changed. When the properties have not been allotted to the members of the petitioner-association by the impugned G.O, if any sale had taken place, then departmental action has got to be initiated against the sub-registrar concerned, who has registered documents in respect of the properties in question belonging to railways. That apart, it was not a bar to also initiate criminal action against the sellers and buyers and bring the issue to a logical conclusion.

“In the case on hand, if any of the officials including the sub-registrar is responsible for registering any sale deed or document, they shall be dismissed from service,” the judge added.