Madras HC asks Govt to consider institutions applications afresh

3/31/2009 The Madras High Court directed the State Government to consider the applications afresh from educational institutions seeking land ceiling exemptions. Soon, educational institutions can first acquire tracts of lands and then approach the Government for exemption from land ceiling provisions. According to the Government, a state amendment to the Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act 1961 was awaiting presidential assent. Recording this development, a division bench of the Madras High Court comprising Justice P K Misra and Justice A Kulasekaran disposed of a batch of about 30 writ appeals and writ petitions, and directed the State Government and the Anna University to consider afresh applications from educational institutions, seeking land ceiling exemptions. In November 2002, the Government and the University declined to grant affiliations to these institutions, on the ground that they did not obtain permission under Section 37B, before seeking affiliation. They must first obtain permission and then acquire lands, it said, adding, 'there could not be post-facto permission or approval.' During the pendency of these appeals and petitions, the Government amended the Act, empowering itself to grant approval to those who seek approval after the lands were acquired. However, they must file the applications within a time limit, the amendment said. The amendment has been passed by the assembly and it was awaiting presidential assent. After hearing the Government and senior advocate K Duraisamy, the bench said that it need not go into the issue, in view of the latest development, and reminded the matter back to the Government and the University, asking them to consider the applications of the institutions afresh. Till the matter is decided one way or the other, the interim stay orders granted by the Court would be in force, the bench said.

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