MADRAS RACE CLUB Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The second respondent has filed a counter statement and resisted the writ petition. The respondent stated that an extent of 54.74 4/16 acres of land which comprises in Survey Nos. 1993, 1994, 1996 and 2003/3 of Udagamandalam Town of Udhagai Taluk, as under which the land had been leased out to the Madras Race Club was renewed by the Government in G.O. 775, Revenue dated 04.04.1977 for a period of one year on a lease rent of Rs. 2,737/- for the whole extent. The lease period expired on 31.03.1978. The respondent further stated that the Government had sanctioned further renewal of lease of lands and buildings thereon in favour of Madras Race Club for temporary occupation for a period from 01.04.1978 to 31.12.1979 on a lease rent of Rs. 75,200/- per annum for the whole extent, subject to the conditions laid down in G.O.M.S. No. 661, Revenue dated 27.03.1976, vide G.O.M.S. No. 2509, revenue dated 15.11.1979 and Government memo No. 127932/D1/79-1, Revenue dated 12.01.1980. The above lease rent was fixed by the Government, adopting a value of the land as in 1978 by adding 9% notional increase which works out to Rs. 19,620/- per acre. As per the second respondent collector's letter No. U3. 35661/85 dated 25.11.1985 addressed to the Government, proposals were sent to the Government for renewal of lease for an extent of 52.34 4/16 acres of land in the said survey numbers in favour of the Madras Race Club for the further period from 01.01.1981 to 31.12.1985 adopting the value of the land at Rs. 26,000/- per acre in 1981 and recommending fixation of lease rent at the rate of 7% of land value. The Commissioner of Administration in his letter K. Dis. 2599/80, dated 05.03.1981, addressed to the Government, recommended renewal of lease, as detailed below for the period from 01.01.1980 to 31.12.1980 adopting Rs. 21,385/- as land value per acre in 1979.

(3.) It was submitted that the reason for decrease in extent was due to widening of Udhagai channel etc., in Collector's letter U3.35661/85 dated 03.09.1986 addressed to the Government; proposals were sent to Government for renewal of lease for 52.34 4/16 acres in favour of Madras Race Club from 01.01.1986 to 08.04.1986 adopting the value of the land at Rs. 42,000/- per acre in 1986 and recommending fixation of lease rent @ 7% of the land value since the Government had taken over the Madras Race Club with effect from 09.04.1986 under its control as per G.O.Ms. No. 973, Home dated 09.04.1986. The club functioned under the Department of Racing from 09.04.1986 to 31.01.1996. In letter D. Dis(T1) 36429/87, dated 31.12.1991 of the Commissioner of Land Administration addressed to the Government, the Commissioner of Land Administration recommended for renewal of lease for an extent of Rs. 52.34 4/16 acres of land in the said S.Nos. in favour of Madras Race Club from 01.01.1980 to 08.04.1986 adopting Rs. 3,00,000/- as land value per acre based on the guideline value register 1981 and fixing lease rent @ 7% of the above said land value. As per the Collector's letter U1/74951/96 dated 04.05.2000 addressed to the Commissioner of Land Administration, renewal proposals have been sent to Special Commissioner and Commissioner of Land Administration for renewal of lease for the extent of 52.34 4/16 acres of land in the said S.Nos. in favour of Madras Race Club for a period of 30 years from 01.02.1996 adopting Rs. 70,54,480/- as land value per acre based on the prevailing guide line registers value at that time and fixing lease rent at 14% of the said value of land. According to this, lease rent for 52.34 4/16 acres per year works out to Rs. 5,17,02,325/-. The Commissioner of Land Administration in letter E2/17459/99 dated 09.03.2001 recommended the proposals to the Government for renewal of lease orders of the Government for renewal of lease from 01.01.1980 to 08.04.1986 and from 01.02.1996 onwards are awaited.