COSMOPOLITAN CLUB Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks a Writ of Certified Mandamus to call for the record relating to the order of the first respondent in G.O.Ms. No. 278 Revenue (LD II.1) Department dated 4 -6 -1999, quash the same and to direct the respondents to grant renewal of lease in favour of the petitioner in respect of land in T.S. No. 2, Block No. 8, Government Farm Village, Mylapore Triplicane Taluk Chennai.

(2.) The admitted facts of the case are stated as follows :An extent of 65.09 acres of land located in Government Farm Village in Mambalam Guindy Taluk, Chennai District, was granted under licence to the petitioner -club, for the purpose of Golf course, in the year 1933. Out of the said 65.09 acres, 33 cents were converted into lease , by order of the first respondent dated 27 -7 -1937. Thereafter, another extent of 1.77 acres of land were granted on licence to the petitioner -club, in the year 1943 and a further, extent of 10.84 acres were also granted on licence, to the petitioner -club, in the year 1945. The entire extent of 77 -70 acres were subsequently converted as a grant under lease. By G.O. Ms. No. 4696, Revenue Department dated 27 -12 -1956, the lease was renewed for a period of ten years from 1 -7 -1956 with annual rent of Rs. 15/ - per acre. Again, the said lease was renewed upto 30 -6 -1996 for annual payment of Rs. 5,800/ - for the entire extent by G.O.Ms. No. 3189, Revenue Department dated 9 -11 -1966, which reads as follows :ABSTRACTRevenue Land Madras South West Taluk Government Farm Village S. Nos. 170 FIA etc. to the Cosmopolitan Club, Madras - Renewal Sanctioned.REVENUE DEPARTMENTG.O.Ms. No. 3189Dated the 9th Nov. 1966G.O.Ms. No.1494 Revenue dated 27 -7 -1937G.O.Ms. No. 4696 Revenue dated 27 -12 -1956From the Collector of Madras Letter No. A3. 22317/66 dated 23 -5 -1966From the Cosmopolitan Club, Madras Petition dated 13 -5 -1966From the Board of Revenue Ref. No. B4 4084/61 -1 dated 4 -7 -1966From the Board of Revenue Ref. No. B2 2040/66 -10 dated 21 -9 -1966.ORDERThe Government have carefully considered the commendations of the Collector of Madras and the Board of Revenue contained in their reports third, fifth and sixth read above and accept generally their recommendations as far as the renewal of the lease of the lands in question is concerned but consider their recommendation for the reductions of the lease rent for the land cannot be accepted. They also consider that in view of the situation of the lands in question right in the heart of the city, the prevailing market value of land, the financial position of the Club audits members, the very nominal extra charge now being collected from the Golf Members of the Club, the very minute fraction of the commercial rent charged till now etc. where (sic) is every justification for enhancing the lease rent.

(3.) The following clauses of the deed of grant entered in pursuance of the G.O.Ms. No. 4696, Revenue dated 27 -12 -1956 and 9 -11 -1966, reads as follows :"The Governor of Madras hereby grants the land described in the Schedule below to an address of the grantee. The Cosmopolitan Club, Madras for temporary occupation for a period of Thirty (30 years) years commencing from 1 -7 -1966 (date, month and year) subject to the following terms and conditions to which the aforesaid grantee has agreed.(1) ............... (2) In the event of such cancellation of the grant, the grantee shall not be entitled to compensation for any loss caused to him by the cancellation.(3) to (10) .............................(11) The grantee shall not except (as) is provided in condition (s) raise any buildings, fences or structures of a permanent or temporary character on the land without the previous written sanction of the Collector(12) The grantee shall maintain the said land in a clean and sanitary condition to the satisfaction of the Government and shall also maintain the structures, if any erected thereon as aforesaid, in good and substantial repair to the satisfaction of the Collector.(13) (a) The Government reserve themselves the right to all sandalwood trees and their branches and roots which exist at the time of grant (which are described in the schedule attached) as well as those which may grow subsequently on the lands granted and the Government be at liberty to cut or dig out any such trees or their roots and branches and remove them from the land in question and dispose of them at their pleasure. The grantee shall not be benefited to cut or remove them or cause them to be cut or removed without the permission of the Collector.(b) The grantee shall take all reasonable measures to the satisfaction of the Collector for the protection of the sandalwood trees from theft or damages and for the careful protection of the immature trees growing on the land.(c) The grantee shall take steps to see that the marks made by the Officers of the Government on the sandalwood trees are preserved and are not tampered with and(d) In the event of infringement of or failure to observe any of the conditions mentioned in (a) or (b) or (c) above, the grantee shall pay to the Government such compensation as is determined by the Collector for any loss or damage caused by any such infringement or failure on his part. The Government shall also be at liberty to cancel the grant or re -enter on the land, and the whole land thereupon shall vest absolutely in the Government. In that case, the grantee shall not be entitled to any compensation whatever.Note : The lands are granted in the districts noted below, the condition(s) (a) to (d) above relating to the preservation of sandalwood trees should be scored out. Chingleput, Tanjore, Malbar (excluding Wynade Taluk).(14) to (16) - -(17) The grantee shall, on the termination or revocation of this grant, restore the said land to the Government in as good a condition as is consistent with the foregoing conditions.(18) - - - - - - -(19) The Government may revoke the grants wholly or in part, if the same specified in condition (5) above or any part thereof shall remain unpaid for 15 days after they have become payable whether formally demanded or not, or if the grantee shall have broken any of the conditions of the grant herein mentioned and assume control or otherwise dispose of all or any part of the land and any buildings, fences and structure thereon and the grantee shall not be entitled to any compensation therefor.NOTE : In the case of grant by Tahsildar condition (19) should be recast as follows: "The Grant hereby given may be revoked by the Government or the Board of Revenue without notice in an emergency (the Government or the Board of Revenue being the sole Judge of the emergency) but without any prejudice to any right of action or remedy of the Government in respect of any antecedent breach of any of the foregoing conditions. The grantee shall not in case of such revocation of termination, be entitled to any compensation in respect of any structures, on the land or any other improvements effect by him to the land or for the loss caused for the interruption of his occupation but he may within such time as may be allowed by the Government or the Board of Revenue, as the case may be in that behalf remove such structures."(20) - - - - - - - -(21) The grant hereby given may be revoked by the Collector acting on behalf of the Governor of Madras after giving one month's notice in writing - The grantee shall not, in case of such revocation or termination, be entitled to any compensation in respect of any structures on the land or of any other improvements effected by the Grantee to the land or for the loss caused by the interruption of his occupation by (sic) he may before the revocation or termination of the grant takes effect or if the grant is revoked without notice within such time as may be allowed by the Collector in that behalf, remove such structures.(22) The Grant includes all rights, casements and appurtenances, belonging to the land or reputed to belong to it or usually held or enjoyed with it. The existing and customary rights of Government and public inroads and paths and rivers, streams and channels, running through or bounding, the land are, however, reserved and are in no way affected by the Grant.(23) In the event of termination of the grant under condition (19) or (21) the Government shall be at liberty to levy proportionate rental up to the date of such termination.(24) - - - - -(25) In any dispute or differences shall at any time hereinafter arise, between the Government or their offices on the one part and the grantee, as to the rights duties or liabilities of either party in respect of any matter or thing relating to or arising out of the grant or the construction or the meaning of all or any of the provisions herein contained, the said dispute or difference shall be referred for settlement to arbitration of the Collector, the same being of the District and his decision shall be final."