Restore public lands given for free: HC

Justice SM Subramaniam passed the above direction while rejecting a plea moved by two people seeking to buy land assigned to their respective fathers for free in 1993 to undertake agriculture at Thandalam Village in Arakkonam Taluk. But the petitioners had built an industrial training institute on the land.

Holding that when petitioners are capable of paying the land cost then they cannot be considered under the category of poor agriculturists or poor landless or houseless, Justice Subramaniam said, “Thus, all such policies of assignment of land for free by the government must be reviewed periodically and the government should ascertain whether the assignment granted long back is serving the poor person.”

“If all such assignees have acquired fortune and their sons or daughters or legal heirs are well of, then all such assessments are to be cancelled and the lands are to be taken back and utilised for public purposes,” the judge added, while noting, “It is not as if the government should continue the scheme forever.” However, Justice Subramaniam on noting that on one hand, the government assigned lands long back are being enjoyed by a few persons who are making a fortune while on the other hand, the property rights of the citizens are being taken away by invoking the provisions of the Land Acquisition Laws, said “Certainly, such a situation is in violation of the Constitutional principles. Thus, the government must adopt a pragmatic approach, to ensure that acquisition of lands is minimised.”

“In a nutshell, the government should provide priority for taking over the assigned lands for free to the people at first instance and if no such assigned or allotted government lands are available, then only the government can resort to the acquisition of lands from land owners,” Justice Subramaniam stressed.

While directing the Revenue Secretary to issue the circular seeking authorities to review such allocations within eight weeks, Justice Subramaniam also directed him to introduce a clause that in the event of any failure on the part of the district authorities, then suitable disciplinary action will be initiated under the provisions of Discipline and Appeal Rules.