Land allotment free of cost should be reviewed periodically:HC

The Madras High Court has said that government policies of assignment of land free of cost must be reviewed periodically and such allotments must be cancelled if the assignees or their heirs have become well off.

Justice S M Subramaniam made the observation in a recent order while rejecting pleas from P Kumar and Gnanadeepam of Arakkonam taluk in Vellore district seeking quashing of cancellation of allotment of lands made to their fathers, the original assignees, in 1993 for cultivation purposes, in 2005.

The judge, who upheld the act of the officials cancelling the assignment of land, said the petitioners have made an application to the district collector to pay the entire cost of the land.

This is self-evident that they are capable of purchasing a land in that locality.

"When the petitioners are capable of paying the land cost, then they cannot be considered under the category of poor agriculturist or a poor landless or houseless," the judge said.

"If those persons by virtue of length of time are able to acquire fortune, then this court is of an opinion that all such assignments are to be reviewed by the competent authority and initiate appropriate action for cancellation and utilise the public land for the welfare of the public at large," he said.

The relief sought for in the petitions stands rejected, the court said.

"All such policies of assignment or allotment of land at free of cost by the government must be reviewed periodically and the government should ascertain whether the assignment granted long back is serving poor persons. If all such assignees have acquired fortune and their son 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 to be utilised for public purposes," the judge said.

The court then directed the principal secretary to government revenue department to issue instructions to officials concerned to identify the lands allotted long back free of cost in favour of individuals or institutions.

The judge further directed the authority to issue such a circular with consolidated instructions within eight weeks from the date of receipt of a copy of the order to authorities concerned to act on.

Officials should also be told that in the event of failure on their part, disciplinary action would be taken against them.