High Court notice to Chief Secy on leasing government land

Legal Correspondent

Shimla, September 30

The HP High Court today issued notices to the Chief Secretary and the Principal Secretary (Revenue) on a petition seeking the abolition of the system to lease government land.

A Division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed the order on a petition taken up suo motu as a public interest litigation (PIL) on a letter written to the Chief Justice by Rakesh Kumar of Kangra district. The court directed the state officials to file their replies within two weeks.

Suo Moto petition

  • A Division Bench, comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua, passed the order on a petition taken up suo motu as a PIL on a letter written to the Chief Justice by Rakesh Kumar of Kangra district.
  • The petitioner alleged that the practice was wrong and illegal as the grant of a 99-year lease would mean the perpetual grant of ownership rights to the lessees for all intents and purposes.

The petitioner alleged in the petition-letter that the state government was leasing its land for 99 years. In many cases, the practice was wrong and illegal, as the grant of a 99-year lease would mean the perpetual grant of ownership rights to the lessees for all intents and purposes.

He alleged that it was also illegal that the legal heirs of the original lessees inherited the lease rights. If the system continues, the entire government land would be taken over by outsiders and the resources belonging to the state would be captured by those not entitled to enjoy these. This would eventually lead to the subjugation of the residents of the state.

He alleged that many people had turned land leases into a source of income; for example a hospital at Palampur was gave around 60 kanals on perpetual lease for Re 1 per year. He stated that it should be ascertained that how much income the government was earning from such leases, how much income the beneficiaries were generating, how much taxes they were paying and how much of the leased land had been denuded of the forest cover by the lessees.

Further, it should also be ascertained whether there had been an instance that the land was reverted to the government after the completion of 99 years lease.

The petitioner has prayed that the practice and the system of granting the perpetual lease of government land be discontinued and abolished immediately, so that the pristine glory of 'Land of Gods', i.e. Himachal Pradesh could be preserved.

Courtesy: Tribune News Service
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