The Madras High Court has suggested that instead of letting out its land properties to commercial establishments, the Defense Department can retain them to provide more infrastructural facilities.
Justice SM Subramaniam on November 23 dismissed a batch of writ petitions filed by petrol pump owner Major C Saathiya Murthy Gopalan and two such persons challenging the action of the department for non-payment of ongoing rent to several persons. suggested it. Crores of rupees for more than a decade.
After considering the facts and circumstances, the judge found that the Defense Department was finding it difficult to maintain its properties, which are not all in possession and some are leased for commercial purposes.
Thus, the defense assets are to be used for providing infrastructure facilities for their own benefit. If these are being leased out to third parties for commercial purposes, the department is also finding it difficult to collect rent from such tenants or lease holders and the lessees are struggling to vacate, the judge pointed out and suggested.
The officers may consider the suggestion and take a decision by following the procedures considered for disposal of such properties and, if necessary, by submitting a proposal to the Ministry of Defence.
Conversely, the Department of Defense cannot afford to prosecute these commercial issues in courts for many years, which would cause great harm to the public interest and the Department of Defense, the judge said.
Considering the fact that the petitioners had already enjoyed the pump sites leased to Indian Oil Corporation for more than 10 years for rent, they have no right to question their eviction.
The court has to pass appropriate order keeping in view the public interest as the defense assets are being misused by the IOC and the petitioners, the judge said and directed the IOC to immediately stop the supply of all petroleum products to the petitioner pumps.
It should vacate the premises following the procedures within two months and hand over the possession of the properties to the Defense Estates Officer (DEO).
It will settle the arrears of rent, if necessary, in consultation with the competent authorities of the Department of Defense within 12 weeks. The judge said that if it fails to settle the amount, the DEO will be free to initiate all appropriate action against the IOC for recovery of dues as public debt.
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