P SANTHANAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has sought for a writ of certiorarified Mandamus, to quash the order dated 13.07.2006, passed by the Government and consequently prayed for a direction to the 1st respondent to reconvey the property in S.No.171/1B, to an extent of 1.01 Acres in Koyambedu Village, Egmore Nungambakkam Taluk, Chennai District in his favour.

(2.) PLEADINGS disclose that the petitioner had purchased the property in the year 1991. The acquisition proceedings were initiated by the Government at the instance of Tamil Nadu Housing Board, for the formation of a neighborhood scheme known as K.K.Nagar, further extension scheme. A notification under Section 4(1) of the Land Acquisition Act was prepared and published in G.O.(Rt.)No.221, Housing dated 29.08.1975 and the said G.O was published in the Tamilnadu Government Gazette on 01.10.1975. Section 5(A) notice and declaration under Section 6 was issued on 28.09.1978. Challenge to these acquisition proceedings failed and ultimately an award was passed on 09.05.1985 in Proceedings No.Rc.4155/78 A-1 and a compensation of Rs.2,03,866.77, had been determined.

(3.) THOUGH, the petitioner has contended that the purpose for which, the land has been acquired namely the construction of Koyambedu Market is already over and therefore, there is no requirement for the Government to retain the land and in such circumstances having regard to the non-utility of the land for more than 31 years, the public purpose for which the land was acquired has now become non existence and therefore, he is entitled to get an order of re-conveyance as per Section 48(B) of the Land Acquisition Act, the said submission cannot be countenanced in view of a recent decision of the Supreme Court in Tamilnadu Housing Board Vs. L.Chandrasekaran (Dead) by Lrs and Ors, reported in 2010(2) SCC 786, where the Supreme Court at paragraph 29, held as follows: