Thursday, Mar 25, 2010: The Hindu
Special Correspondent: Single judge's order to permit conversion set aside
CHENNAI: The Madras High Court has allowed appeals by the Cantonment Board, St. Thomas Mount-cum-Pallavaram, and the Defence Ministry challenging a single Judge's order directing the authorities to permit conversion of a piece of land, leased by the Defence Ministry to a person, from residential to commercial purpose.
U. Venkatesh was the lessee of 19,200 sq.ft. of land at St. Thomas Mount-cum-Pallavaram Cantonment and the lease granted was only for residential use and not commercial purpose. The conversion was not granted by the Defence Ministry. He filed petitions praying for permission to use the leasehold right for commercial purpose for 90 years by fixing and collecting annual rent and premium of the year 1997 and a direction to the Executive Officer, Cantonment Office, to sanction the building plan in his favour. He also challenged the rejection of his request for conversion of land use. By a common order the single Judge allowed the petitions.
As against the orders, the present appeals were filed. The appellants said the request for change of land use having been rejected and without obtaining the Defence Ministry's permission, approval of the building plan was sought for, which was also returned. The petitioner ought not to have commenced construction on the land for commercial purpose.
M. Ravindran, Additional Solicitor-General, submitted that the petitioner was a lessee of the land, owned by the Defence Ministry, and he was bound by the lease deed which contained a clause to use the land only for residential and not for commercial purpose.
Allowing the appeals and setting aside the single Judge's order, a Division Bench comprising Justices Elipe Dharma Rao and N. Paul Vasanthakumar said the petitioner's conduct in approaching the court and obtaining an interim order without disclosing the non-grant of permission for using the land for commercial purpose and completing the building construction was illegal. The petitioner was bound by the lease agreement.
The Bench said the Supreme Court in a decision had held that buildings constructed unauthorisedly were bound to be demolished. In this case, the petitioner admittedly constructed the building without the Defence Ministry's permission regarding change of land use and also without obtaining building plan approval from the Estate Officer.
Land use conversion case: High Court allows Defence Ministry's appeals
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Gymkhana Club which is governed by civilians (though land and premises belong to the Military) now need to get licences to operate eateries within the club. The hygiene parameters are bound to improve in the clubs devoid of flies, mosquitoes, bird droppings and foul smell in the dining areas. The Military need to get back the defence lands leased to the Gymkhana Club. The lease has been renewed by corrupt and dubious means and premises used for commercial gains by the Gymkhana Governing Body whose main aim is to spin money. The above case illustrates how the lease can be revoked through court order. The Area Commander who is the Patron of Gymkhana Club should take the initiative of preserving the defence lands in his custody or else it will graduate to land Scam of Sukhna proportions.
Licences mandatory for club restaurants
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