Chennai: The Madras high court has upheld an order of a single judge, which directed the Railways to take the lands (measuring 4.87 acres) allotted to it for the development of Velachery MRTS project in Velachery.
A division bench comprising Justices R. Subbiah and P.Audikesavalu dismissed the appeal filed by Annai Indira Gandhi Hut Dwellers Welfare Association, challenging an order of a single judge, which dismissed their petition, seeking to cancel an earlier G.O, by which one cent of land each was assigned to 97 persons either free of cost or after the collection of land value based on the merit of each case.
“The single judge (Justice S.Vaidyanathan) had deeply analysed the facts and circumstances of the case and has passed a detailed and well considered order, which needs no interference at the hands of this court”, the bench added.
The bench said in the instant case, there was no assignment of government lands. However, when it came to light, the Tahsildar had issued pattas wrongly to 312 individuals, subsequently the issued pattas were cancelled by the district collector. In such circumstances it cannot be said that a vested right was created in favour of the members of the appellant association, the bench added.The bench said it was clear that absolutely there was no vested right created on the members of the appellant association, even though it was only a decision taken indicating the assignment of lands and thereafter, no further course of action was taken by the government to allot 1 cent of land to each of its members. Even as per the impugned G.O only after changing the classification of land from “Meikkal Poramboke” to “Natham”, the assignment has to be made. In the instant case, such a course has not taken place and therefore, the question of applying the doctrine of promissory estoppels does not arise, the bench added.
