CHENNAI: The land assigned to the landless poor should be taken back once the government comes to know that they have become rich and affluent, the Madras High Court has ruled.

Justice S M Subramaniam gave the ruling on Thursday while dismissing a writ petition from P Kumar and Gnanadeepam of Arakkonam in Vellore district seeking to quash an order dated May 27, 2005 of the District Revenue Officer (DRO), cancelling the allocation of land to their father in 1993. The land was assigned for agriculture but they had constructed buildings and accommodated an educational institution. They offered to pay up the value of the land.

The judge said if those persons, by virtue of length of time, were able to acquire fortune, then all such assignments are to be reviewed by the competent authority and appropriate action for cancellation and utilisation of the land for the welfare of the poor people at large should be initiated.

When the petitioners are capable of paying the land cost, then they cannot be considered under the category of poor agriculturists or as the poor landless or houseless. The original assignee was the father of the petitioners, in favour of whom the land was assigned considering the family condition and the other factors prevailing then.

On account of efflux of time, the family had developed their fortune and they were able to construct a building, which is a technical institution and is earning money. This being the factual position of the case, there would be nothing wrong for the government to review all such cases, wherein the family had acquired fortune on account of passage of time, the judge said.

The judge also said that all such policies of assignment or allotment of land at free of cost by the government must be reviewed periodically and it should be ascertained as to whether the assignment granted long back is serving the purpose for the poor person. If all such assignees had acquired fortunes and their sons or daughters or legal heirs were well off, then all such assessments are to be cancelled and the lands are to be taken back and to be utilised for public purposes, the judge added.

The Judge then directed the Revenue secretary to issue, in eight weeks, consolidated/comprehensive instructions to all officials across the State to identify the land assigned or allotted long back, free of cost, in favour of the individuals/institutions/legal persons and initiate appropriate action to review all such cases based on the current facts and circumstances of each case and thereafter, pass appropriate orders by affording reasonable opportunity to those persons. Any failure on the part of the officials should lead to disciplinary action against them, the judge warned.