Rs 300 crore property acquired by TN govt five decades ago to be reconveyed at Rs 33,947

C Shivakumar

Chennai:

The state government is set to lose a prime property worth more than Rs 300 crore to the landowners from whom it acquired five decades ago at a price of Rs 33,947 due to inaction on its part to build a training institute for Cooperation, Food and Consumer Protection Department.

Official sources said the 1.62 acres of land, which was acquired by Cooperation, Food and Consumer Protection Department in 1961 during the era of then chief minister K Kamraj for construction of a Training Institute, near Raj Bhavan on taluk office road, is set to be reconveyed to the legal heirs of Manali Ramakrishna Mudaliar for Rs 33,947, the price which it paid for acquisition in 1961, following a High Court directive on August 2012.

Sources said the government wanted to build a Cooperative Training Institute to train its employees. During that time, the project was likely to be put in backburner due to lack of allotment of funds. Sources said that the land was to be transferred to the highways department, which owns a package of land that was also acquired during that period to set up a Highways Research Institute.

For five decades the government slept over the acquired land not putting to use for what purpose it was acquired for. It received a jolt when the legal heirs of the then owner approached the court seeking reconveyance of the land in November 2006 as per section 48-B of the Land Acquisition Act. As per the law the land should be used for the purpose for which it was acquired by the government or the government should be satisfied that the land is not used for any public purpose and then only the land should be reconveyed.

Sources say the land has a Highways Engineers Association Building besides a test drive track of highways department. Interestingly, the case was weakly defended by the officials.

The then Cooperation, Food and Consumer Protection Department Secretary, District Collector and Tahsildar filed a counter, devoid of facts that could have convinced the court against reconveyance. And what was more surprising was that the State Government based their contention over a Government Order that the land was transferred from cooperation department to highways department.

It was later found out that the GO was for recognition of Highways Engineers Association rather than transferring the land from Cooperation, Food and Consumer Protection Department to Highways Department.

Official sources feel that the amendment brought in 1996 to the Land Acquisition Act for reconveyance should be studied afresh and the estate officers of all the government departments should be strictly instructed to take an inventory of all the properties because the land prices are steeply rising. Is it not the duty of the officers to protect the government land?

Meanwhile, former high court judge K Chandru said that reconveyance of land is not permissible and it is only for the state to decide whethet it wants to reconvey the land or not. Citing Supreme Court judgement, in the Tamil Nadu Housing Board versus L Chandrasekaran (2010) where 513.52 acres of land in Saidapet Taluk was acquired for Ambattur neighbourhood scheme by the government, Chandru said the apex court observed that government cannot be compelled to reconvey the land acquired for public purpose to its original owner and it can utilise the land for any other public purpose.