HC directs issuance of patta

Chennai: About 50 years after a housing society purchased land, Madras High Court has directed the authorities to issue pattas to 16 members of the society holding that the official stand that pattas could not be issued for want of records was not acceptable.

'The conduct of the respondents can neither be accepted nor appreciated', Justice Vinod K Sharma observed while allowing a petition filed by one N R Radhakrishnan and 15 others. He said they were also entitled to costs of Rs 25,000.

The petitioners said the state government had assigned lands in the city's prime Nungambakkam area to the 'Nungambakkam Cooperative House Building Society' by a January 1961 G.O. for construction of houses. Society members were told to pay Rs 2,000 per ground and the society deposited Rs 1.17 lakh towards to market value of the land.

The members had constructed houses and paid Urban Land tax and repeatedly applied for patta.

In the counter, authorities concerned said the petitioners had applied for patta after 50 years. The taluk permanent land register showed the land to be that of the government and, therefore, it would not be possible to issue the pattas.

Stating that the stand was totally misconceived and not sustainable in law, the Judge said 'It is not open to the authority, not to act as per the statute, merely on the plea that the records are not available. It is the duty of the authorities in such a case to reconstruct the record.

In view of the undisputed facts and documentary evidence, there was absolutely no justification on the part of the authorities not to the request of the petitioners, the Judge said and directed that pattas be issued to the petitioners and their names be entered in the revenue records.