MHC directs State to initiate appropriate action in govt leases
The court also observed that the government should not hesitate to prosecute the officials who are responsible for missing government files.
Madras High Court (File)
CHENNAI: The Madras High Court has directed the Commissioner of land administration to initiate all appropriate and swift actions to dig out the illegalities and irregularities in government leases to protect the financial interest of the State.
The court also observed that the government should not hesitate to prosecute the officials who are responsible for missing government files.
Justice SM Subramaniam of the Madras High Court (MHC) heard the petitions filed by Harikrishnan and Srinivasan from Chennai operating a partnership firm.
The petitioners sought to quash the order issued by the Commissioner of land administration in 2020 to retrieve the 43.868 grounds of land.
The Justice observed that large-scale government properties under lease or assignments or otherwise are left without recovery of any rent properly or a meager amount of lease rent is being collected which is causing huge financial loss to the State exchequer.
Periodical enhancement of lease rent for government largesse is not being taken into consideration for the purpose of recovering the lease rent from the Lessees/Assignees etc, nor actions are initiated to cancel such lease or assignments in a time-bound manner, observed the Justice.
In certain cases files are not available even in the government offices, when the government files are missing in respect of such high-value properties belonging to the government, it should not hesitate to prosecute the officials, who all are responsible and accountable for missing files, the Justice observed.
Subsequently, the Justice observed that the petitioner had not established any acceptable ground to quash the impugned order and dismiss the petition.
The petitioners alleged that they run a foundry on the land measuring 25 grounds out of 43 grounds of property situated in Washermenpet Chennai and they stated that they are the absolute owners of the land.
The petitioners said that they are in possession of and enjoyment of the said land for more than 100 years.
However, the commissioner of land administration issued an order to resume the 43 grounds stating that it is government land leased to the great-grandfather of the petitioner in 1923 for 99 years.
D Ravichander, Special Government Pleader appeared for the State said that the petitioners violated the lease rules and pending Rs.3,76,03,930 (3.76 crore) as due lease rent.