Madras HC upholds order asking education trust to return land in Kanchi

Chennai: The Madras High Court has upheld the orders of the state environment and forests department issued in 2012 directing the Quaide Milleth Education and Social Trust in Teynampet to return 29.33 acres, out of 40 acres, assigned to it in 1975 for educational activities in Nanmangalam in Sholinganallur taluk in Kanchipuram district.

Justice V Parthiban said the scheme of assignment and the conditions stipulated therein clearly established in unequivocal terms the intent of the government while transferring the land to the petitioner trust for their usage and disposal. Once any assignment is accompanied by conditions, the land can always be reverted to the government if such conditions are not fulfilled. Therefore, such transaction can never be coloured as one complete sale or transfer of title,In the petition Quaide Milleth Education and Social Trust represented by its general secretary, challenged the orders of the Environment and Forests Department passed in 2012 and to restrain them from in any manner proceeding with the resumption of the 29.33 acres.

On the request of the Trust, the department by a GO dated January 10, 1975 and assigned 40 acres in Nanmangalam reserve forest. A token land value was fixed at the rate of Rs 100 per acre and the petitioner trust paid Rs 4,000 towards consideration for assigning the 40 acres. However, the department by GOs passed in 2012 sought the return of the unused land of 29.33 acres back to the department. Aggrieved over this, the trust filed the present petition. Dismissing the petition, the judge said that once any assignment is accompanied by conditions, the land can always be reverted to the government if such conditions are not fulfilled. Therefore, such transaction can never be coloured as one complete sale or transfer of title. Such argument absolutely has no merit whatsoever and the same has to be brushed aside as a specious piece of argument.