VELLORE INSTITUTE OF TECHNOLOGY Vs. SECRETARY

JUDGEMENT

(1.) The rejection of the claim of the writ petitioner seeking assignment of the Government land to a larger extent in proceeding dated 19.07.2005 is sought to be quashed in the present writ petition. The consequential direction is sought for to direct the first respondent to positively exercise its power of assignment of the lands admeasuring 41.92 acres in Survey Nos.557,771,772/1,772/3,773,774/1,774/3,775/1,775/3m,776/1 B,776/3,777/1, 777/3, 778/1 and 778/3 at Katpadi village, Vellore district to and in favour of the petitioner for the reasons stated in the petitioner's representations including its representation dated 08.06.2005.

(2.) The Pro-Chancellor of the writ petitioner / University has filed the present writ petition. The order impugned dated 19.07.2005 issued by the Principal Secretary to Government, Revenue Department, states that the land in question is the Government Poramboke land and the claim of the writ petitioner was considered pursuant to the directions issued by this Court in WP.Nos.18094 and 18095 of 2005 dated 31.05.2005. A decision was taken declining the claim of the writ petitioner's on the ground that, the land belongs to the Government classified as Poramboke had already been handed over to the Sports Development Authority of Tamil Nadu for the purpose of the benefit of the public at large and in order to encourage the sports developments in the State through the Sports Development Authority.

(3.) The order impugned states that the Government poramboke land measuring 41.92 acres are required for the purpose of construction of multipurpose sports stadium to developed by the Sports Authority of Tamil Nadu. Thus, the assignments sought for by the writ petitioner in respect of the said land cannot be granted and the Governance rejected the claim. The learned Senior Counsel for the writ petitioner at the first instance emphatically clarified that the writ petitioner is not an encroacher and the writ petitioner has no intention to encroach the Government land. The writ petitioner is one of a reputed institution and students from various States and from other Countries are studying. Thus, the writ petitioner institution has no such intention at all to encroach upon the public land as they are law abiding citizen. In this context, this Court is of an opinion that whether the writ petitioner institution has got any legal right to claim assignment of the Governance land and in this regard, whether the present writ petition can be entertained or not. Pleadings of the Writ Petitioner: