RAJA REHNIUS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is for a declaration to declare the land acquisition proceedings initiated under the provision of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 in respect of the lands comprised in Survey Nos.287/3/4 and 287/3 measuring 0.53.0 hectares situated in Vijayaragava Mudaliar Chatram, Palayamkottai, Tirunelveli District stands abated.

(2.) It is stated that the property to a total extent of land measuring 31250 sq.mts situated in Vijayaragava Mudaliar Chatram, Palayamkottai, Tirunelveli comprised in S.No.287/3, measuring 2.79 hectares (13200 sq.ft), survey No.1679/1, measuring 100 sq.mtrs, survey No.1679/4, measuring 17950 sq. mtrs, originally belonged to Justice Sir David Devadoss, a retired Judge of this Court, who has settled the abovesaid properties in favour of his daughter Ms.Peral alias Muthamma Devadoss and thereafter, to his son Muthukrishna Devadoss under a registered deed of settlement, dated 08.11.1949. During the life time of the said Ms.M.Devadoss, the third respondent by his proceeding, dated 05.08.1991 has declared that the land owner is entitled to 100 sq.mtrs in S.No.1679/1 and 1900 sq.mtrs in S.No.1679/4, totally 2000 sq.mtrs under the Tamil Nadu Urban Land Ceiling Act, 1978 and the remaining lands measuring 13200 sq.mtres in S.No.287/3 and 16050 sq. mtrs in S.No.1679 part, measuring an extent of 29250 sq. mtres as surplus land and out of 13,700 sq.mtres, the land measuring 10465 sq.mtres in S.No.287/3 was declared as excess vacant land. Aggrieved by the said order of the third respondent, Muthukrishna Devadoss, son of the settlor has filed an appeal before the Special Commissioner and Commissioner, Urban Land Ceiling and Urban Land Tax and the same was dismissed on 24.12.1991. It was thereafter, the third respondent has issued orders under Section 10(1) of the Tamil Nadu Urban Land Ceiling Act and issued publication under Section 11(1) and 11(3) of the Act. It is stated that as against the order, dated 24.09.1991, passed under Section 10(1) of the Act, the said Muthukrishna Devadoss has filed a revision before the second respondent who in the order dated 05.05.1993 allowed the revision and remanded the matter for fresh enquiry holding that the land measuring 12000 sq.mtres in Survey No.287/3 is agricultural land. Thereafter, it was subsequently, the second respondent after conducting enquiry, in the order dated 31.10.1994 has held that the lands in S.No.287/3 could be retained by Muthukrishna Devadoss. In the meantime, the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 came to be repealed with effect from June 1999. It is stated that inspite of the said order passed by the second respondent, dated 31.10.1994 holding that the abovesaid extent of land is not covered under the provision of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, in the revenue records, the above land has been sub divided as S.No.287/3/1, measuring 1.42.0 hectares, S.No.287/3/2A, measuring 0.25.0 hectares, S.No.287/3/2B measuring 0.26.5 hectares, S.No.287/3/3 measuring 0.32.5 hectares and 287/3/4 measuring 0.53.0 hectares, in all 2.79 hectares. The said Muthukrishna Devadoss died on 02.06.1996 unmarried and intestate. During his life time, he has sold the land bearing S.Nos.287/3/4 and 287/3 measuring 0.53.0 hectares from and out of the abovesaid 2.79 hectares in May 1996 and without executing the sale deed, he has expired. The only sister of the said Muthukrishna Devadoss, Vedavathi Rehnius pre-deceased him leaving her husband namely, the second petitioner herein as her legal heir. The said Muthukrishna Devadoss, who is the maternal uncle of the first petitioner has put the first petitioner in possession of his lands including the abovesaid lands in respect of which the sale was effected bearing S.Nos.287/3/4 and 287/3 measuring 0.53.0 hectares. It was in those circumstances, the petitioners have made representation to the third respondent, competent authority under the Tamil Nadu Urban Land (Ceiling and Regulation) Act on 05.06.2006 to regularise the purchase of the land bearing S.Nos.287/3/4 and 287/3 measuring 0.53.0 hectares and the third respondent in the proceedings, dated 30.08.2006, directed the first petitioner to appear for enquiry on 11.09.2006 and the first petitioner has authorised one V.Dhanapal to represent before the third respondent, but till date no order has been passed. It is stated that inspite of the order passed by second respondent on 31.10.1994 holding that the lands in S.No.287/3 is not urban land, the notification issued by the first respondent in the Tamil Nadu Government Gazette, dated 14.01.1991 was not withdrawn. The representation made by the petitioners to the third respondent has also not been disposed of. It is in those circumstances, the present writ petition has been filed.

(3.) In the counter affidavit filed by the third respondent, competent authority, while it is stated that total extent of land measuring 36342 sq.mtrs comprised in S.No.287/3 measuring 14200 sq.mtrs, S.No.1679/1, measuring 809 sq.mtrs, S.No.1679/4, measuring 21133 sq.mtrs and T.S.No.1807, measuring 200 sq.mtrs was in possession of Muthukrishna Devadoss, since the said lands were divided into housing plots and the deceased father living in Chennai, the lands in Chennai Agglomeration were exempted under Section 5(3) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 on 03.08.1976. It is further stated that the extent of 200 sq.mtres of land in T.S.No.1807 was also exempted since there was a housing site excluding the extent of 32250 sq.mtrs were stated to be the land namely, in S.No.287/3, measuring 14,200 sq.mtrs, S.No.1679/1 measuring 100 sq.mtrs and 1679/4, measuring 17950 sq.mtrs. In S.No.287/3, the land used as burial ground and therefore, an extent of 1000 sq.mtrs exempted under the Act and as per G.O.Ms.No.870, dated 05.04.1980. Thereafter, taking note of the remaining extent of land measuring 31,250 sq.mtrs, as per the Act after deducting entitlement, an extent of 29,250 sq.mtrs of land was declared as surplus lands by the second respondent on 05.08.1991 and came to be confirmed on 24.12.1991. Thereafter, the third respondent issued the order under Section 10(1) on 24.09.1991. It is further stated that against the said order, the urban land owner has not preferred any appeal and therefore, publication was made under Section 11(1) and 11(3) of the Act. However, the urban land owner has filed revision before the Special Commissioner and Commissioner (Land Reforms), against the order issued under Section 10(1) which was allowed and the matter was remanded for fresh enquiry and thereafter, the Special Commissioner, passed an order under Section 33 of the Act on 05.05.1994 holding that the total extent of 13200 sq.mtres of land in S.No.287/3A used as agricultural land and not converted into urban land and therefore, directed to retain the said extent of land by the land holder Muthukrishna Devadoss. Further, the buildings constructed in T.S.No.1679/4A to 4D were constructed before 1975 and that does not come under the purview of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978. It is stated that in accordance with the judgment of this Court in W.P.No.7863 of 1982 and G.O.Ms.No.1507, Revenue Department, dated 27.11.1991, the lands in T.S.No.1679/1 to 4 remains without any change in character and classification are treated as agricultural land and ultimately, it was held that the said lands are agricultural lands and it does come within the purview of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 as stated by the petitioner.