Madras High Court Asks DMK MP To Vacate Government Land Within One Month, Says Government Cannot Grant Lands On Own Whims And Fancies
Case: Dr. V. Kalanidhi v State of Tamil Nadu
Coram: Justice SM Subramaniam
Case No.: WP No. 7051 and 7052 of 2017
Court Observation: The petitioner (Kalanidhi), being the sitting Member of Parliament, one month’s time is granted to him to vacate the entire subject property belonging to the Government and hand over possession to the Competent Authorities of the Government of Tamil Nadu. In the event of failure on the part of the petitioner in handing over the subject property to the Competent Authorities of the Government of Tamil Nadu, on or before 15.10.2023, the Respondents are directed to evict the petitioner immediately and resume the subject. The respondents are directed to initiate all further actions to recover the use and occupation charges or other lawful charges due to the Government as per law by following the procedures as contemplated.
Occupation of ‘Grama Natham’ lands to a larger extent and usage of such ‘Grama Natham’ lands for commercial purposes are not only impermissible but also unconstitutional. The very purpose of classification of ‘Grama Natham’ lands are to provide shelter to homeless poor people and therefore, any abuse of such ‘Grama Natham’ lands are causing infringement of basic rights of the citizen, who all are homeless poor people.
But this Court is witnessing that in Multitude cases, the assignment of Government lands or majorly done to the powerful and influential members of the society, who may not be bonafide applicants and in turn these Government lands are used for commercial purposes. With the efflux of time, the de facto purpose or essence is washed away and or is made to seem right to the visible eyes
The Government is not empowered to grant lands based on their own whims and fancies. A guideline needs to be put in place to ensure that power in assignment of Grama Natham lands is bridled and used for the rightful purposes to the rightful people. The Government is not just for politicians and party men. It is the representative of the common man. It does not only include the top echelons of the society, but travels the bottom rung of the ladder and it is the inherent duty of the Government to work for their upliftment both socially and economically
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Madras High Court Asks DMK MP To Vacate Government Land
