Can’t act like zamindars, HC tells govt for gifting waterbody to private firm

Finding that the state government had gifted a prime waterbody in Ariyalur to a cement firm for laying railway track despite several court orders against it, the Madras High Court has slammed the political dispensation for behaving like ‘zamindars of India’ who can lease out even the Himalayas and the Western Ghats.

Wondering as to who the Tamil Nadu government wanted to spite – whether the single judge, division bench. the Supreme Court or its own conscience – a division bench comprising Justice PN Prakash and Justice V Sivagnanam recorded its anguish over the Government Order issued on November 8, 2019, handing over prime waterbodies to a private entrepreneur for exploitation during the pendency of the contempt petition.

“It is tantamount to saying we are the zamindars of India and we can lease out the Himalayas and the Western Ghats,” the bench said while dismissing the appeals against the single judge’s contempt proceedings on January 31, 2020, framing charges against Revenue Secretary Atulya Misra and Agricultural Production Commissioner Gagandeep Singh Bedi.

In defiance of the single judge’s order, the government had leased out land measuring 9.96.5 hectares out of 46.23.5 hectares classified as ‘Vari, Kuttai and Odai’ in Kilapazhuvur, Kizhayur and Parpanacheri villages in Ariyalur taluk in favour of Chettinad Cement Corporation Private Limited for 30 years from July 16, 2009.

Setting aside the state’s submission that the contempt petition should have been filed before the division bench, the bench led by Justice Prakash sought the single judge to proceed with the contempt petition without being influenced in any manner by the observation of judges part of the division bench.

“The matter should go first to the single judge whose directions have been disobeyed and if the contemnors are punished then an appeal remedy lies before the division bench,” the bench held.

As per the case, on May 5, 2009, Chettinad Cement sought permission from the state government to utilise government poramboke lands. Thereafter, the company occupied these lands without even obtaining any permission. This resulted in a slew of pleas and direction seeking to remove the encroachments put up by the cement company.