HC: Settle nazul land lease renewal cases in 6 months

ALLAHABAD: Taking a serious note of delay in renewal of leases of nazul land in the state, the Allahabad high court has issued a general mandamus commanding the district magistrates and concerned additional district magistrates (nazul) throughout the state to ensure that all the applications for renewal of lease of nazul land be decided in accordance with law within a period not exceeding six months.
Disposing of a writ petition filed by one Shivanand, a division bench comprising Justice Shashi Kant Gupta and Justice Umesh Kumar observed, “It has come to the notice of this court that apart from various applications for conversion of nazul land into free hold land, large number of applications are also pending before the authority concerned for renewal of leases wherein no orders are invariably passed for renewal of lease of nazul land (after its expiry), where lease was executed in favour of the lessee with right of renewal for further period i.e. of two terms of 30 years with a rider that government may refuse to renew the lease in case of violation of the terms and conditions of the lease deed.”
“Mostly, such matters are dragged on for years and decades. Such tendency of the authority concerned of not passing any orders on the applications filed for renewal of lease within a reasonable period is highly deplorable, objectionable and unjust. It needs to be deprecated,” the court observed.
The court further observed, “The government policy of renewal of lease rights casts a duty on the administrative authorities to pass orders within a reasonable time. However, the authorities fail in their duty. Hence, the authorities dealing with the renewal of lease cannot be allowed to sleep over the matter ad inifinitum not only causing harassment to the public at large but also public exchequer by not taking any decision to renew the lease in accordance with law, in turn giving rise to unnecessary litigation. Inordinate delay in deciding the application for renewal of lease is violative of fundamental rights guaranteed under the Constitution of India and subversive of the rule of law.” Passing the above observations, the court directed the state counsel to communicate this order to the chief secretary for its circulation to all the district magistrates and additional district magistrates (nazul) of the state for following this general mandamus.
The court warned that any failure to comply in terms of courts direction given hereinabove will be construed as an act of defiance of this court’s order for which the erring official(s) shall be accountable to this court.
The court directed the Registrar General of high court to ensure communication of this order to the chief secretary of the state for its circulation to all the district magistrates and the additional district magistrates (nazul) of the state for compliance of this general mandamus.
This decision was given by the court on August 26.