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Synopsis

While appreciating the courage shown by a District Revenue Officer in refusing to issue patta in favor of a private construction company, the Madras High Court expressed surprise that the erstwhile AIADMK government had assigned 3.45 acres of public land for construction of a mall and hypermarket by the private company.

Through a government order in 2021, just before the announcement of Assembly Elections, the AIADMK government had assigned 3.45 acre of public land near Koyambedu central bus terminus in Chennai for construction of a shopping mall by Baashyam Constructions Private Limited, holding power of attorney from Hotel Saravana Bhavan. However, after change of Government in 2021 as the DMK came into power, the order was cancelled.

The bench of Justice SM Subramaniam said that the case on hand was a classic one, where a schematic way of land grabbing was carried out by highly influential persons. 

Court said that here by executing an unregistered deed of family arrangement, the land grabbers had attempted to convert the Government land as private land with an active collusion of the Revenue Authorities.

Court emphasised that this was not a single case, rather it is coming across instances in numerous cases where corrupt practices are being adopted to assign government lands to a particular group of people majorly the wealthy, influential, and political members of the society.

"The stratagem employed by the land grabbers is foolproof and can be witnessed specifically in lands belonging to the government across different political spectrums," the single judge bench pointed out. 

Court stressed that the method adopted in bringing about this systemic violation is done hand in hand by the bureaucracy and the politico.

"The convergence happens at this singular point. In spite of different parties being in power across different political landscapes, the convergence and tactics adopted in such systemic violations are all in a similar fashion and is all pervasive across different layers of governance," it underscored. 

Court opined that this is not only a matter of grave concern but raises several serious questions.

"THIS STRUCTURAL CORRUPTION IS THE BEGINNING OF ALL FORMS OF SOCIAL EVILS. It shakes the foundation of a good governance," it underlined. 

Therefore, while stating that it is high time that the Government contemplates the bringing about of a special legislation to penalise land grabbing, court ordered the Tamil Nadu government to initiate appropriate criminal prosecutions and disciplinary actions against all people including the public servants responsible for grabbing high-value government properties in Chennai and across the state.

Court also ordered appointment of a high-level committee to spot illegal activities like land seizures, unpaid lease rents, and unauthorized use of public land, with the authority to take legal action, including prosecution.

The order was passed in a plea moved by Hotel Saravana Bhavan seeking directions to the State to grant them patta for 3.75 acres of government natham puramboke land situated in Koyambed in Chennai.

The court noted that the land was initially classified as Grama Natham in revenue records, which meant it could only be used for residential purposes. However, in 1983, a Tahsildar reclassified it as Ryotwari land, and in 1994, Hotel Saravana Bhavan acquired it along with an adjoining private property measuring 5.80 acres.

Court held that facts established and the documents produced by the respective parties to the lis on hand showed that the petitioner was an encroacher of the Government land who had grabbed the Government land for unjust gains in a systematic manner.

Therefore, while refusing to allow the prayers as stated in the petition, court disposed it off with the above-mentioned directions. 

Case Title: M/s.Hotel Saravana Bhavan v. The Additional Chief Secretary, Revenue and Disaster Management Department and Others