Document Fragment View
Fragment Information
Showing contexts for: assignment lease in Tmt.Kannammal Educational Trust vs The State Of Tamil Nadu on 27 February, 2017Matching Fragments
6. Such being the position, the 1st respondent, by letter dated 01.08.2008, informed that Government poramboke lands which are classified as water course poramboke, cannot be allotted on lease basis in view of the ban in existence for assignment/lease of water course poramboke and also in the light of the order this Court, dated 27.06.2008 in W.P.No.20186 of 2000, which is connected with water course porambokes. Based on the said rejection, the P.W.D. authorities forced the petitioner to demolish a Mess comprising 6000 sq. ft. beneath the patta lands of the petitioner in Survey No.432/1 of Mogappair Village, wherein the petitioner had constructed a temporary shed for the students utility as a mess for a limited period of time in a day on the ground that the said construction is a river poramboke.
7. In view of the above, the petitioner addressed a letter to the respondents on 25.02.2009 requesting for exact measurement of the patta lands with reference to old field map as well as the new field map which was made use of for the purpose of removal of encroachment on the river poramboke during the floods in 2005. The petitioner also submitted a representation dated 12.03.2009 for appropriate permission to continue to occupy the mess hall of 6000 sq. ft. The petitioner also filed a Review Application seeking to reconsider the orders issued by the Government on 01.08.2008 rejecting the claim of the petitioner for allotment of the Government lands on long lease/assignment basis, as has been done for educational purposes.
12. It is the case of the petitioner that the rejection of their request for grant of long lease/assignment of the Government lands on the ground that it is a river bed poramboke is unsustainable and contrary to the ground realities. The Government lands are in their possession and enjoyment for a long time for educational purposes and the petitioner has been using them as playground and parking area and the petitioner's possession was totally unobjectionable by the Government. It is the further contention of the petitioner that the Government has in fact allotted, transferred or assigned Government lands to various Educational Institutions, viz.,
"7. The Collector, Tiruvallur in his letter has further reported that though the above lands are classified as "water course poramboke i.e. Odai, Eri Ulvai and Kulam", there are no water stagnation in the field/state on Ground and the lands are plain. There is a ban for assigning the lands within the Belt area as per G.O.No.1135, Revenue Department, dated 17.03.1962 and also the Government have ordered ban on assignment/lease in the water course poramboke vide G.O.No.41, Revenue Department, dated 20.01.1987. Therefore, the Collector, Tiruvallur has reported that a decision may be taken at Government level on the representation made by M/s.Kannammal Educational Trust for leasing of land as directed by the Hon'ble High Court."