PIL questioning land leases in HP filed, HC issues notice to Govt, CS

Shimla: Himachal Pradesh High Court on Thursday issued notice to state's Chief Secretary and Principal Secretary (Revenue) seeking complete ban and scrapping of the perpetual system of land leases being granted to various persons, trusts and NGOs in Himachal Pradesh.

A Division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed the orders on a petition taken up suo moto by the Court as Public Interest Litigation (PIL) based on a letter written to Chief Justice by one Rakesh Kumar of Kangra, state's biggest district ,which also has large tracks of Kangra tea.

In the letter Kumar drew the attention of the Chief Justice on a contentious issue relating to doling –out of several acres of prime government land on leases to several persons and organisations arbitrarily for a period of 99 years.

"In many cases, the land leases have been done in complete violation of the laws and prevailing rules. These leases actually result in conferring ownership rights to the lessee for all intents and purposes. The property thereafter passes on to next generations," he wrote in the letter.

Kumar alleged that it was also illegal that the legal heirs of the beneficiaries inherit the lease rights of the original lessee. If such a system continues, the entire land in Himachal Pradesh would be taken over by outsiders and the resources belonging to the state, would be captured and enjoyed by those, who are not entitled to it. This would eventually lead to subjugation of the residents of the State.

He has also alleged that many people have turned such leases into a business empire and main source of income.

He has stated that it needs to be ascertained that from such leases, how much income the government is earning, how much income is being generated by the beneficiaries, how much taxes are being paid by beneficiaries and how much of leased land has been denuded of forest cover,

by the lessees.