Chennai:
The Madras High Court has said it is high time the Tamil Nadu government prohibited transfer of assigned lands in the state on the pattern of neighbouring Andhra Pradesh and Karnataka by bringing out a legislation to protect the interests of socio-economically weaker sections.
Dismissing a petition from a mill, challenging a 1924 order of the authorities cancelling assignment of 0.95 acres to a member of a depressed class and now in the mill's possession, Justice S Manikumar said if the land had changed hands by economic exploitation or ignorance, the land assigned should be re-allotted to them.
Though Tamil Nadu had been a role model for other states in achieving social justice and for removal of inequalities, no law on this subject had been enacted, he said.
Stating that the right to life and to live with dignity was a most cherished and valuable right, the judge said if a person was in unauthorised occupation of land belonging to the government or the local body and such encroachments were sought to be removed, there should not be any discrimination or injustice to a person belonging to the weaker sections, whose lands were being occupied by others.
The Judge cited a case in which a Division Bench of the High Court had taken judicial notice of the grievance of weaker sections where large extent of lands assigned to them were in possession of others by virtue of alienation by the assignees, either due to economic exploitation or due to any other reason.
These did not fall within the parameters stated in the revenue code or the conditions of grant, despite the embargo on such alienation, the Judge said.
Dismissing a petition from a mill, challenging a 1924 order of the authorities cancelling assignment of 0.95 acres to a member of a depressed class and now in the mill's possession, Justice S Manikumar said if the land had changed hands by economic exploitation or ignorance, the land assigned should be re-allotted to them.
Though Tamil Nadu had been a role model for other states in achieving social justice and for removal of inequalities, no law on this subject had been enacted, he said.
Stating that the right to life and to live with dignity was a most cherished and valuable right, the judge said if a person was in unauthorised occupation of land belonging to the government or the local body and such encroachments were sought to be removed, there should not be any discrimination or injustice to a person belonging to the weaker sections, whose lands were being occupied by others.
The Judge cited a case in which a Division Bench of the High Court had taken judicial notice of the grievance of weaker sections where large extent of lands assigned to them were in possession of others by virtue of alienation by the assignees, either due to economic exploitation or due to any other reason.
These did not fall within the parameters stated in the revenue code or the conditions of grant, despite the embargo on such alienation, the Judge said.
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