Was land classified as river leased out? Submit details, says Madras high court
Chennai: Wondering as to how the land, classified as ‘river’ ,was leased out to private parties at Coonoor taluk in Nilgiris district, the Madras high court has said the officials, who granted such leases, are equally responsible and have to be booked with appropriate disciplinary action taken against them.
A division bench comprising Justices Vineet Kothari and C.V.Karthikeyan said, “After the authorities have filed their affidavits, the court may consider this aspect in the matter further”.
Posting to February 21, further hearing of a petition filed by I.Thulasi Bai, challenging the eviction notice issued under the Tamil Nadu Encroachment Act, the bench said till the next date of hearing, no coercive process shall be taken against the present petitioner for eviction, without specific leave of this court.
When the petition came up for hearing on Tuesday, Government Pleader Jayaprakash Narayanan, took notice on behalf of the authorities including Nilgiris district collector.
In its interim order, the bench said, “The government pleader is called upon to file an affidavit of the District Revenue Officer, Kuppusamy, who, at the relevant time, had recommended the grant of lease in favour of the present petitioner for a period of 13 years from August 13, 2001, to August 12, 2013”.
The bench said Sneha, counsel for the petitioner brought to our notice that despite the lease period being over in the year 2013, the authorities have continued to collect the lease rent from the petitioner up to June 2018. The claim of the authorities in the notice dated February 7, 2019, now issued in pursuance of a direction of a single judge in order dated January 11, 2019, was that the land in question was classified as ‘river’ of Coonoor town revenue village comprising 0.00.30 hectares and therefore, the present petitioner deserves to be evicted from the aforesaid area of land 345 sq.ft, the authorities pointed out, the bench added.
The bench said, “However, before considering the rival submissions made before the court, we direct the said district revenue officer and district collector of Nilgiris to file their separate affidavits in the court before the next date of hearing as to under what circumstances, the lease was granted to the present petitioner and other similarly situated persons on the said land in Coonoor taluk, if it was classified as ‘river’ because the fact of the river being there on the land in question is disputed by the petitioner, who submitted that even a government bus Stand is constructed by the state itself, is in existence there and opposite that, there is an existing railway track passing thereon. In these circumstances, we, prima facie, do not appreciate how the leases were granted to the private parties and now reversing that stand, the state intends to evict the present petitioner and other similarly placed persons in pursuance of the directions of a single judge by order dated January 11, 2019. If it is actually a river, a lease could not have been granted at all in the first place. The officials, who granted such leases, are equally responsible and have to be booked with appropriate disciplinary action taken against them. After the aforesaid authorities have filed their respective affidavits, the court may consider this aspect in the matter further”.
