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2014 Supreme(Mad) 2857
High Court of Judicature at Madras
C.S. KARNAN, J.
Shanmugha Arts, Science, Technology & Research Academy (SASTRA), Thanjavur & Another
Versus
State of Tamilnadu, Rep. by its Secretary to Government, Chennai & Others
W.P.No.9037 of 2004 & W.P.M.P.No.10545 of 2004
Decided on: 31-08-2014
For the Petitioners:S. Thiruvenkataswamy, Advocate, M/s. G.R. Associates Advocate.
For the Respondents: M.S. Ramesh, Additional Government Pleader.
The main legal point established in the judgment is the occupation of government land by the petitioners with oral permission from the then Chief Minister, and the court's direction to assign the land to the petitioners at the government minimum cost as per the evaluation during the period of 1984.
Headnote:
Encroachment - Land Assignment - University Grants Commission Act, 1956, Madras Land Encroachment Act, 1905 - The court discussed the encroachment of government land by the petitioners, the history of the case, and the representations made to the government for land assignment. The court found that the petitioners had occupied the land with the oral permission of the then Chief Minister and had raised buildings for the college. The court also noted the assignment of lands to other institutions and the lack of discrimination against the petitioners. The court allowed the writ petition and directed the respondents to assign the land to the petitioners at the government minimum cost as per the evaluation during the period of 1984.
Fact of the Case:
The petitioners, Vice-Chancellor of SASTRA University and Chairman of VEE SEE BEE Trust, sought assignment of government land for expansion of the college. They claimed to have occupied the land with oral permission from the then Chief Minister and had raised buildings for the college. The government initiated eviction proceedings, which led to writ petitions and appeals.
Finding of the Court:
The court found that the petitioners had occupied the land with oral permission from the then Chief Minister and had raised buildings for the college. The court also noted the assignment of lands to other institutions and the lack of discrimination against the petitioners. The court allowed the writ petition and directed the respondents to assign the land to the petitioners at the government minimum cost as per the evaluation during the period of 1984.
Issues: The main issue was the encroachment of government land by the petitioners and their claim for land assignment for the college's expansion.
Ratio Decidendi: The court held that the petitioners had occupied the land with oral permission from the then Chief Minister and had raised buildings for the college. The court also noted the assignment of lands to other institutions and the lack of discrimination against the petitioners. Based on these findings, the court allowed the writ petition and directed the respondents to assign the land to the petitioners at the government minimum cost as per the evaluation during the period of 1984.
Final Decision: The court allowed the writ petition and directed the respondents to assign the land to the petitioners at the government minimum cost as per the evaluation during the period of 1984.
1. The brief facts of the case are as follows:-
The petitioners are the Vice-Chancellor of the Shanmugha Arts, Science, Technology & Research Academy (SASTRA) and the Chairman of the VEE SEE BEE Trust. The petitioners submit that the first petitioner-Institution was originally known as Shanmugha College of Engineering and was administered by a Trust known as Bala Seva Educational and Charitable Trust. In the same compound, the second petitioner herein, viz., VEE SEE BEE established a polytechnic known as Shanmugha Polytechnic. Both the Institutions were established in the year 1984 and it is considered to be one of the best Engineering Colleges / Polytechnics in India. The said college was originally affiliated to Bharathidasan University and was approved by All India Council for Technical Education. The college is offering both under-graduate and post-graduate Engineering Courses, besides M.C.A and M.B.A. research programmes leading to Ph.d, and more than four thousand students are studying in the college and the said College has been one of the very few Institutions in India, where the Courses are accredited by the National Board of Accredition. The Government of India has recognized the Centre as "Centre for Relevance & Excellence in Advanced Computing and Information Processing". The first petitioner was declared as Deemed University under Section 3 of the University Grants Commission Act, 1956 in the month of April 2001 and one of the premier Deemed Universities in India accredited by National Assessment & Accreditation Council, a statutory body.
2. The petitioners additionally added that for the purpose of establishing the above College and Polytechnic, the Trust acquired about 50 acres of dry land from various persons by regular sale deed in Thirumalai Samudram, Thanjavur. While the College was under construction, it was noticed that certain dry lands belonging to the Government were also situated as an island within the College campus. They also came to know that there was a proposal to set up an Open Jail adjoining the College premises. The petitioners further submit that the College required more lands for expansion of the College and near to that Campus, the Government lands were lying as an island within the lands purchased by the Trust and hence, it was decided to make representation to the Government for assigning the adjoining lands to the Institution. In this connection, the petitioner himself representing the Trust made a personal representation to the Hon'ble Chief Minister of Tamil Nadu, Late Dr.M.G.Ramachandran, on 09.05.1985 and requested that the land adjoining the College is required for expansion of the College and may be assigned to the College. He also pleaded that Open Air Jail Project adjoining the College may be dropped. During the meeting with the then Hon'ble Chief Minister, Mr.Panruti S.Ramachandran, then Cabinet Minister was also present and after detailed discussions, the Hon'ble Chief Minister, late Dr.M.G.Ramachandran agreed to alienate the lands to the College at a nominal cost and directed his Cabinet Minister, Mr.Panruti S.Ramachandran to communicate the decision to the Police Authorities as well as Revenue Officials. The then Hon'ble Chief Minister also permitted the College to take possession of the portion of the land measuring about 20 acres in order to enable the College to carry out the expansion activities. In addition to the fact that the lands were required for the College, the lands were agreed to be given to the College in view of the fact that a portion of the lands were in the form of island in the College Campus as well as adjacent to the College.
3. The petitioners further added that in pursuance to the direction issued by the then Hon'ble Chief Minister to alienate the lands to the College and for taking possession, Mr.Panruti Ramachandran, then Minister communicated the decision of the Hon'ble Chief Minister to the then Collector of Thanjavur, Sri T.R.Ramaswamy
