REGENCY CERAMICS LIMITED Vs. GOVERNMENT OF PUDUCHERY

JUDGEMENT

(1.) The challenge in this intra-Court appeal is to the common judgment of the learned Single Judge dated 19.12.2017 in any by which, the Writ Petitions viz., W.P.Nos.9832 and 14891 of 2017 filed by the appellant were dismissed while W.P.No.32686 of 2017 filed by the 1st respondent in W.A.No.728 of 2018 came to be closed.

(2.) The appellant had, while putting up construction of its factory premises in Mettakur village of Yanam Region had encroached upon the Government lands measuring about 24 ares and 30 centiares in S.No.B/7/2 of Mettakur Village, Yanam. By a letter dated 04.01996, the appellant had offered an extent of 26 ares and 40 centiares in R.S.No.25/3, T.S.No.C/1/22/7 of Kanakalapeta Village, Yanam in lieu of the land encroached by it in S.No.B/7/2 of Mettakur Village. This was followed by a consent letter issued by the Rejency Educational Society dated 28.01996 which was the owner of the land in R.S.No.25/3 of Kanakalapeta Village.

(3.) While this proposal was pending, the Deputy Collector (Revenue), Government of Puducherry by his letter dated 05.01.2000 offered to allow the appellant to use the Government poramboke land encroached by it measuring an extent of 24 ares and 30 centiares in T.S.No.B/7/2 and an extent of 2 ares and 66 centiares in T.S.No.B/7/4 part [total extent of 26 ares 96 centiares] on payment of license fee of Rs.1,38,510/- per annum for a period of 19 years subject to review after every 5 years. The said proposal for licensing of the land in favour of the appellant was sanctioned by the Lieutenant Governor of Puducherry on 04.02.2000 vide G.O.Ms.No.14/2000. The extent of land covered by the said G.O was restricted to 24 ares and 30 centiares in T.S.No.B/7/2. The said G.O was communicated to the appellant under a cover of the letter dated 10.02.2000 by the Deputy Collector (Revenue), Government of Puducherry. The said letter dated 10.02.2000 also appended certain conditions viz., (a) No permanent structures should be constructed in the licensed land (b) the licensee should vacate the land as and when required by the Government for any public purpose.