ULTRATECH CEMENT LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Appeal is directed against the order of the learned Single Judge, dtd. 21/12/2022, in and by which, the Writ Petition filed by the appellant with the prayer seeking to quash the G.O.No.66 of 2012 (Revenue N.M.2(2) Dept.) passed by the first respondent, thereby, refusing to renew the lease of the lands ad-measuring an extent of 12.42 Hectares.

(2.) The brief facts leading to the filing of the Writ Appeal is that the petitioner is a Company incorporated under the Companies Act, 2013. It is in the business of manufacturing cement. The predecessor of the petitioner Company namely, M/s.Dharani Cements Limited had established its cement manufacturing facility at Reddipalayam Village, Ariyalur Taluk and District in its own patta lands. While so, to expand the capacity of their factory, they specifically requested for the lands adjacent to their patta lands in Reddipalayam in Survey Nos.102, 105, 107 and 51 totally ad-measuring 12.06.5 hectares, by their application, dtd. 13/1/1994. In their application itself, they have clearly mentioned that the Survey No.102 is classified as Ramasamy Moopanar Eri, Survey No.105 is classified as Vari Poramboke, Survey No.107 is classified as Manakkattu Eri and Survey No.51 is classified as Kuttai. On the said application, after calling for reports from the authorities concerned, including the reports that on ground, there was no stagnation of water in the lands and that it will not affect the water courses, ultimately, by G.O.(Standing)No.1256, dtd. 25/11/1996 of the Revenue (D.1) Department, the Government decided to lease out the said lands for a period of three years for a lease rent of 14 % of the market value of the property per year by relaxing the prohibition for handing over/assigning water bodies. Thereafter, the said M/s.Dharani Cements Limited had sold their shares to one M/s.Grasim Industries Limited, who made constructions on the said lands and considering the said aspects, by an order, dtd. 18/11/1999, the lease rent was fixed at Rs.5,93,409.00 per annum and they were directed to deposit the entire lease rent of Rs.17,80,227.00.

(3.) It is stated by the petitioner that they have duly deposited the said amount, pursuant to which, the lease deed has been entered into on 18/11/1999, in which, even specific permissions were granted to uproot, cut down or destroy trees, plants, groves or bushes to make the land fit for their purposes. The period of lease originally expired on 25/11/1999. Thereafter, the predecessor of the appellant namely M/s. Grasim Industries Limited had paid the lease rent up to the year 2002. Again, by paying the entire lease rent upto 24/11/2012, they prayed that the lease period be renewed. While considering the said request, the order impugned in the Writ Petition was passed on 24/2/2012 refusing to renew the lease in favour of the predecessor of the appellant on the ground that firstly, there has been an objection for leasing out the water bodies in favour of the Company as one R.Sekar had filed the W.P.No.9873 of 2003 and judgment is expected in the said Writ Petition. Secondly, this Court, by an order, dtd. 27/6/2005, in W.P.No.20186 of 2000, has directed that all encroachments in water bodies have to be removed and water bodies have to be maintained as such.