Settle land conversion cases in six months: Allahabad high court

ALLAHABAD: Taking a serious note of inaction on the part of state government authorities in the matter of conversion of lease land into freehold, the Allahabad High Court on Wednesday issued a general mandamus commanding the district magistrates and concerned additional district magistrates (nazul) throughout the state to take a decision on all pending applications for grant of freehold rights pending in terms of various government orders within in a time-bound period not exceeding six months.

Allowing a writ petition filed by Dr Ashok Tahiliani of Allahabad, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia made it clear that the said direction shall apply even to the pending cases by lease holders, who have requested for grant of freehold rights.

Passing these directives, the court directed the registrar general of this court to ensure the communication of this order to the chief secretary of the state for its circulation to all the district magistrates and additional district magistrates (nazul) for compliance of the general mandamus issued in the present case.

In addition to it, the court also directed the state counsel to communicate a copy of this order to the chief secretary for its circulation to all the district magistrates and additional district magistrates (nazul) for compliance of the mandamus issued in the present case as well as for following the general mandamus as issued herewith.

Passing the above directives, the court observed, “The government policy of conversion of lease rights into freehold casts a duty on the administrative authorities to pass orders within a reasonable time, however, as observed in the present case, the authorities failed to act in a reasonable time. Several cases pertaining to grant of freehold arises and are pending in the High Court, which reveal a similar story.”

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While allowing the present petition, the court directed the state authorities concerned to execute freehold deed on payment of the requisite charges within a period of three months in respect of nazul plot located at Hastings Road (Nyay Marg), Allahabad as prayed by the petitioner in his application filed on January 30, 1999.

Expressing concern over the serious delay in the present case, the court observed, “We deem it appropriate to highlight certain facts which have led to the present litigation owing to the indecision by the administrative authorities. The predecessor in interest of the petitioner had filed an application on January 20, 1973 seeking necessary permission for transfer of title in his name, however, no decision was taken thereupon. Thereafter, the petitioner applied for freehold rights on January 30, 1999.”