The Supreme Court has taken a decisive step by temporarily suspending the land lease agreement, urging the state government to assume a caretaker role. This action underscores the court’s commitment to addressing judiciary infrastructure challenges through lawful means, emphasizing a measured approach over expedited arrangements land lease ongoing acquisition.
The Supreme Court’s disapproval towards the Madras High Court’s decision to enter into a lease agreement with the Tamil Nadu government for a parcel of land intended for parking and additional facilities for its Madurai bench campus.
The Supreme Court, led by Justice Surya Kant and KV Viswanathan, underscored the nature of the Madras High Court’s actions, suggesting that a more cautious approach should have been adopted until the acquisition process was fully concluded.
The justices remarked,
“We don’t want to say much but this is not the way the high court should conduct…Is this the impression high court wants to give to people? We don’t want to comment more but it is very disturbing…Why is the high court becoming a lessee?”
The Supreme Court has temporarily suspended the lease agreement, advocating for the state government to assume a caretaker role over the land. This decision underscores the court’s preference for resolving infrastructural challenges within the judiciary through lawful and appropriate channels, rather than through potentially contentious arrangements.
“But these problems are to be resolved in a lawful manner. Why can’t the state take possession of the land and give it to the high court? We don’t want the high court to become a litigant. We deprecate it. We don’t approve of it,”
The court conveyed to senior counsel Guru Krishnakumar, representing the high court administration.
In defense Krishnakumar , highlighting the practical use of the land for parking and potential administrative offices, and noting its previous state as a dump yard.
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“It used to be a dump yard. We entered into a lease with the HR&CE department (Hindu Religious and Charitable Endowments Department) to start using the land immediately,”
– he stated.
However, the Supreme Court maintained its stance that judicial power should not be leveraged for land possession in such a manner, emphasizing a graceful exit from the lease as the preferred course of action.
The Tamil Nadu government had identified approximately 9.49 acres of land for this purpose, part of which was under the administration of the Hindu Religious and Charitable Endowments Department (HR&CE) and was earmarked for sale at market price to expedite the acquisition process.
The Supreme Court has rescheduled the consideration of this matter to February 20.
