The Madras High Court on Tuesday wanted to know the status of a representation made by Shanmuga Arts, Science, Technology and Research Academy (SASTRA), a deemed university from Thanjavur, to the State government on the basis of a May 10 Government Order which permits exchange of lands between the government and private institutions.
Chief Justice Munishwar Nath Bhandari and Justice N. Mala directed Additional Advocate General (AAG) J. Ravindran to ascertain the status of the representation by August 8. The direction was issued while hearing a writ petition filed by SASTRA in March against the government’s refusal to assign 31.37 acres of land under its occupation for long.
Representing the university, senior counsel G. Rajagopal contended much water had flown under the bridge ever since the writ petition was filed. He said, the government itself had come up with a G.O. on May 10 for amending its Revenue Standing Orders and allowing exchange of lands between the government and higher educational institutions.
Therefore, now the university had made a fresh representation to the government offering an equally valuable land right adjacent to its campus in exchange for assignment of the government lands that were in its occupation, he said and pointed out that the representation was still pending with the government.
However, the AAG contended the university could not seek exchange of lands as a matter of right and pointed out that the High Court itself had disapproved of the government’s move to provide alternative accommodation to those who had encroached upon water bodies because it might end up promoting encroachments.
To this, the Chief Justice said, the order passed with respect to provisions of alternative accommodation to encroachers would not be applicable to the present case where exchange of lands of equal value was involved. He pointed out it was the government which had come with the proposal to exchange lands with private institutions.
Mr. Ravindran said, the G.O. does not confer any right upon the university to demand exchange of lands. It was the prerogative of the government to do so or not. “Can I encroach upon the High Court land and say that I will give some alternative land at Chengalpattu and that it should be accepted?” the law officer asked.
In such a case, the Chief Justice asked him to take instructions from the government with respect to the status of the representation made by the university on the basis of the May 10 G.O. and also to find out whether the the government had any plans to withdraw the G.O.
