9911796707
TMI Blog2013 (10) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... of Revenue, the Government of Tamil Nadu issued G.O. Ms. No.819 dated 2.4.1980 and placed at the disposal of Tambaram Municipality (respondent No.2) land measuring 3.65 acres comprised in Survey No.323/1 and 0.25 acres comprised in Survey No.323/1A1A1B of Tambaram Village. This was subject to the special condition that it should only lease the land to the encroachers and should not sell the same to them at any time. After 22 years of the placement of land at its disposal by the State Government, respondent No.2 issued notice dated 9.5.2002 inviting sealed tenders for grant of leasehold rights for the year 2002-2003 for six items mentioned in the enclosure attached with the notice including 112 shops in the open spaces available at Doraisam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as could be seen from the annexure to this Counter Affidavit. 8. I submit that Street lights and Roads are provided by this Municipality to the Daily Market and roads were also relied in 1999 at the cost of Rs.80,00,000/- (Rs. Eighty lakhs only). I most respectfully state that the levy of property tax on the superstructure would not confer any right on the petitioners/others. The Municipality has never granted any lease in favour of the petitioners at any point of time and it has farmed out the right to collect a daily fees for occupation for that day's occupation. The Municipality has not granted any permission to put up any superstructure much less a planning permission. This Hon'ble Court has consistently held that the levy of propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri R. Nedumaran, learned counsel for the respondents and carefully perused the record. It is not in dispute that the open spaces available at Doraisamy Reddiar Market is public property. Therefore, the same cannot be disposed of by private negotiations and the members of the appellant, who have unauthorisedly occupied the open spaces cannot be allowed to retain those spaces. Respondent No.2, which is an institution of self- Government (Article 243P(e) read with Article 243Q of the Constitution), is required to undertake and execute several schemes i.e. water-supply, lighting, drainage, sewerage, laying and maintaining of public streets etc. for the benefit of the residents of the municipal area. For fulfilling its obligation under the 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1995) 5 SCC 482 and New India Public School v. HUDA (1996) 5 SCC 510 and held: "65. What needs to be emphasised is that the State and/or its agencies/instrumentalities cannot give largesse to any person according to the sweet will and whims of the political entities and/or officers of the State. Every action/decision of the State and/or its agencies/instrumentalities to give largesse or confer benefit must be founded on a sound, transparent, discernible and well-defined policy, which shall be made known to the public by publication in the Official Gazette and other recognised modes of publicity and such policy must be implemented/executed by adopting a non-discriminatory and non-arbitrary method irrespective of the class or category of pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserve that once a piece of land is earmarked or identified for allotment to institutions / organisations engaged in any such activity, the actual exercise of allotment must be done in a manner consistent with the doctrine of equality. The competent authority should, as a matter of course, issue an advertisement incorporating therein the conditions of eligibility so as to enable all similarly situated eligible persons, institutions/organisations to participate in the process of allotment, whether by way of auction or otherwise. In a given case the Government may allot land at a fixed price but in that case also allotment must be preceded by a wholesome exercise consistent with Article 14 of the Constitution." (emphasis supplied) In view o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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