Public lands cannot be negotiated for private use; permissive occupants lack rights to claim permanent possession.

JUDGMENT :

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Under assail is the order dated 05.03.2024 passed in Writ Petition No.5779 of 2024. The Greater Chennai Corporation is the appellant before this Court.

2. The writ petition came to be instituted by the respondent-Anna Nagar Western Extension Association represented by its Secretary. The writ was instituted challenging the order dated 21.02.2024 passed by the Zonal Officer, Zone-7, Greater Chennai Corporation for eviction of the respondent from the library cum reading hall and the tennis court situated adjacent to the park.

3. The learned single Judge, taking note of the facts, quashed the order dated 21.02.2024 and directed the Commissioner, Greater Chennai Corporation to consider the appeal filed by the respondent on 27.10.2023 in the light of the observations made in the writ order impugned. The writ Court further observed that the Commissioner, Greater Chennai Corporation can hold discussion with the respondent Association or any other public representative and pass appropriate orders/frame any scheme in a constructive and inclusive manner.

4. The learned Additional Advocate General Mr.M.Sureshkumar appearing on behalf of the appellants would mainly contend that the respondent has no right over the property. Admittedly, the subject park belongs to the Corporation. The erstwhile Ambattur Municipality permitted the respondent to construct a library cum reading hall in the land measuring 801 sq.ft., situated adjacent to the Corporation park and maintain the same. Subsequently, the Corporation received many complaints that the respondent is abusing the Corporation land and building by renting the building for commercial activities. Thus the Corporation has initiated action. By affording opportunity to the respondent, the order of eviction was passed and possession had already been taken over by the Corporation and the building is under lock and seal from 04.05.2022. The respondent was permitted to take their belongings kept inside the building, which has already been locked and sealed by the Chennai Corporation.

5. Mr.Naveen Kumar Murthi, learned counsel appearing on behalf of the respondent would oppose by stating that the Corporation has not expressed their grievance about the solution granted by the writ Court. The writ Court directed the Zonal Officer to dispose of the appeal. A further direction was issued to the Commissioner, Greater Chennai Corporation to find out a workable solution between the Association and Corporation. Instead of resolving the issues, appeal has been filed with a delay and the said delay has been condoned by this Court. It is further contended that the respondent is maintaining the library and the tennis court for several years and the same have been utilized for the benefit of the people residing in the locality. They have constructed the building in the year 1992 and the public were permitted to utilize the library and thus there is no reason to evict the respondent from the premises. The allegations raised by the Corporation are false. The respondent has not involved in any commercial activity. Therefore the writ appeal is to be rejected.

6. Heard the parties to the lis on hand.

7. By order dated 01.07.1991, the Commissioner, erstwhile Ambattur Municipality granted permission to the respondent to construct the library building and maintain the same. Perusal of the said order reveals that it is a permission granted to the respondent and no rent has been collected for the land or the building constructed. Thereafter, the Commissioner, erstwhile Ambattur Municipality passed an order in proceeding dated 30.08.1995 permitting the respondent to maintain the park situated adjacent to the library building with a specific condition that the public must be permitted to use the library and tennis court and the second condition is that the land should be handed over to the Municipality whenever the Municipality require the land. In the said permissio