JAINULABUDEEN Vs. GOVERNMENT OF T N

JUDGEMENT

(1.) We need not dilate upon the previous history of this case. Suffice to state that on 6/4/1994 when the appeals had come up for hearing, this court directed the respondents to produce the record and also a responsible officer to file an affidavit whether the disputed land is still needed for a public purpose being a suitable one or there is no other better land available to establish taluq office at Thiruvaiyaru. Pursuant thereto, an affidavit has been filed by one G. V. Suresh, RDO, Thanjavur, Tamil Nadu in which it is stated that the government had proposed to open a sub-treasury at Thiruvaiyaru. In view of the fact that sub-taluk was elevated to the status of regular taluk they needed larger buildings, there being congestion in the existing building and the Commissioner for Land Revenue along with the District Collector and other officers, when inspected different lands and identified the present lands as suitable for taluk office and sub-treasury office. Accordingly the proceedings for acquisition, it is stated, were initiated.

(2.) In the record produced, a plan is available. From that plan it would appear that the existing taluk office is situated on the west of the main roadand to the east of the main road, apart from the built-up town, there are large open areas available for acquisition. The land in question admittedly, is situated at a place far away from the place where taluk office is found and is in a deviation road leading to Kumbhakonam. It is also stated by the appellants that to the north of this area an extent of 18 acres of land is still available for acquisition.

(3.) From the report of the Commissioner for Land Revenue, it becomes clear that initially a proposal was made to acquire 20 acres of land as a compact block to establish Raja's College of Music with all attendant facilities and 5 acres of land for establishing taluk office, sub-treasury office, sub-jail etc. It would appear that the lands needed for the construction of the music college are no longer needed. It becomes also clear that in the present land there is a well-developed coconut tope, paddy and sugarcane fields. They are situated at lower level than the road by 2 to 3 feet. We do not propose to go into the controversy whether the proceedings to acquire land for music college were pursued or dropped as being unnecessary for the purpose of this case.