TN govt says it is yet to take possession of MRC land

CHENNAI: Tamil Nadu govt has now informed Madras high court that it is yet to take possession of the 160.86 acres leased out to Madras Race Club (MRC), and that only the lease termination notice has been issued to the club.

Clarifying that it stood with the submission of advocate general P S Raman in this regard, additional advocate-general J Ravindran told Justice R M T Teeka Raman on Monday: "This govt stands with the undertaking given by advocate general P S Raman. At no point of time, we differed with the submissions of AG. I am specifically instructed to say this." said counsel for Chennai collector.

On Sept 19, the revenue department and the collector differed with the submission of Raman and informed the court that the possession of the land had already been taken. The submissions were made on a suit moved by MRC challenging the termination of lease notice. The state issued the termination notice for lease of prime land located at Guindy in view of failure by the club to pay 730 crore in rental arrears.

Senior counsel P Wilson, representing the revenue department, submitted that pursuant to the termination of the lease through a GO dated Sept 6, the govt took possession of the land on Sept 9. The land has now been handed over to the horticulture department, he said. Senior counsel Dushyant Dave, representing the department, submitted that as per the lease agreement, the govt is empowered to terminate the lease and is entitled to re-enter the property.

"As per the provisions of the agreement, when there is a breach of agreement, the govt can re-enter anytime into any part of the land under lease," he added. The club has been given 14 days for removing the movables, he said.

Recording the submissions, Justice R M T Teekka Raman asked whether the possession of the land was taken as per law, and documents, if any, are available to show handing over of the land to the horticulture department. Representing MRC, senior advocate A L Somayaji submitted that the govt is bound by the statement made by the AG before a division bench of the court that the possession of the land is yet to be taken and that separate proceedings would be initiated for terminating the lease.

"MRC is still in possession of the premises and about 1,000 workers are attending to their work including maintenance of the horses," he added. Recording the submissions, the court adjourned the hearing to Sept 24.