Himachal lease rules: HC issues notice to state govt over petition

Petitioner alleged that if such a system of lease continued, the entire land of Himachal would be taken over by outsiders

The high court of Himachal Pradesh on Thursday issued a notice to the chief secretary and principal secretary (revenue), in a petition seeking abolition of the lease system in the state.

The petitioner said one hospital at Palampur had been granted perpetual lease of ₹1 per year, while the extent of land with it was around 60 kanals. (HT FILE PHOTO)

A division bench comprising acting chief justice Ravi Malimath and justice Jyotsna Rewal Dua passed these orders on a petition taken up suo moto by the court as public interest litigation on a letter written to chief justice by one Shri Rakesh Kumar of Kangra.

The petitioner alleged that the state government had been leasing out its land for a period of 99 years in many cases and this practice was wrong and illegal, since grant of such lease would perpetually mean granting of ownership rights to the lessee for all intents and purposes.

Kumar further 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 continued, the entire land of Himachal would be taken over by outsiders and the resources belonging to the state would be captured and enjoyed by those who were not entitled to it, which would eventually lead to subjugation of the residents.

Kumar also alleged that many people had turned such leases into a source of income as for instance one hospital at Palampur had been granted perpetual lease of ₹1 per year, while the extent of land with it was around 60 kanals.

The petitioner stated that it needed to be ascertained that from such leases, how much income the government was earning, how much income was being generated by the beneficiaries, how much taxes were being paid by beneficiaries and how much of the leased land had been denuded of forest cover by the lessees.

Further, it also needed to be ascertained whether there was any instance that the land had been reverted back to the Himachal Pradesh government after completion of 99 years.

The petitioner has prayed that the practice and system of granting such perpetual lease of government land be discontinued and abolished immediately forthwith, so as to preserve the pristine glory of the “Land of Gods”.

The court posted the matter after two weeks and also directed the respondents to file their replies by the next date.