STATE OF TAMIL NADU Vs. AROORAN SUGARS LIMITED

JUDGEMENT

(1.) The State of Tamil Nadu is the appellant in these appeals. Civil Appeal No. 134 of 1980 has been filed against the judgment of the High Court of Madras in Writ Petition 1464 of 1974, whereas Civil Appeal Nos. 352-354 of 1980 have been filed against the judgment of the same High Court in Writ Petition 2341-2343 of 1978. All the Writ Petitions had been filed on behalf of the respondent which were allowed by the High Court.

(2.) The respondent, a public limited company which owned and possessed 3421.14 acres of land, was engaged in composite and integrated activity of raising sugarcane on the aforesaid land and crushing it in its sugar factory. The Tamil Nadu Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 of 1961), (hereinafter referred to as the Principal Act) was published in the Tamil Nadu Government Gazette on 2-5-1962. According to the said Act, a ceiling of 30 standard acres or agricultural land was fixed as the maximum holding. Under Section 18(1) of the Principal Act, the surplus land has to be notified as required for public purposes and on such publication in view of Section 18(3) of the Act land specified in the notification shall deemed to have been acquired for a public purpose and shall vest in the Government free from all encumbrances with effect from the date of such publication and all right, title and interest of all persons in such land shall be deemed to have been extinguished. The relevant part of Section 18 of the Act is as follows:-

(3.) Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act 17 of 1970, reduced the ceiling from 30 to 15 standard acres with effect from 15-2-1970. Under the Principal Act there was provision for grant of exemption to the lands held by sugar factories in excess of the ceiling area. This provision was deleted by Tamil Nadu Amendment Act 41 of 1971, which came into force from 15-1-1972. Because of such amendment even the sugar factories in general could not hold land in excess of 15 standard acres. The respondent filed its return under Section 8 of the Principal Act on 6-4-1972. The Additional Authorised Officer (Land Reforms), Tiruvarur, published the draft statement under Section 10(1) of the Principal Act on 19-4-1972. The minimum compensation payable for excess lands vesting in the Government was 9 times of the net annual income. As such when the respondent filed its return on 6-4-1972, it was entitled to compensation at the rate of 9 times of the net annual income. However, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972 (Act 39 of 1972) which came in force with effect from 21-12-1972 amended Schedule III of the Principal Act reducing the minimum multiples from 9 times to 2 times. The said Amending Act 39 of 1972 purported to reduce the multiple of compensation which was payable in respect of lands which vested in the Government after 21-12-1972. A notification under Section 18(1) of the Principal Act was published on 4-4-1973 declaring as surplus an extent of 3414.87 acres of land held by the respondent. Possession over such excess land was taken over by the State Government between 6-4-1973 and 26-4-1973. The Draft Compensation Assessment Roll was published by the State Government on 5-12-1973 determining the amount payable to the respondent in respect of the surplus lands applying the rate of 2 times the net annual income.