ACE HOUSING PROJECTS Vs. STATE

JUDGEMENT

(1.) THE writ petition is filed for forbearing the respondents 4 to 8, who are the higher officials of Southern Railways and Highways in the cadre of chief bridge engineer, Chief Engineer, Superintendent Engineer, Divisional Engineer and the Assistant Engineer, from forming a road and the connectivity bridges across Noyyal River of Tiruppur-Somanur Road to Chikanna College Road and road over bridge at KM - of the Chikanna College Road of Tiruppur to Somanur road in lieu of arch bridge No.29 at Tiruppur except in accordance with the alignment No.1 marked in GREEN colour as approved by the 6th respondent on 31.12.2007 and except in consistent with the provisions of Tamil Nadu Highways Act 2001.

(2.) THE petitioner herein/M/s.Ace Housing Project, as sole proprietorship concern is carrying on real estate business and sale of built up houses. THE land in question measuring an extent of 1.80 acres comprised in SF.No.636/1B at 15 Velampalayam Panchyat, Tiruppur originally belonged to one M/s. Bidaas Apparel Industries Private Limited and the petitioner herein, M/s.Bidaas Apparel Industries Private Limited and the 10th respondent/Vijaya Bank who are the bankers of the original owner entered into one triparty agreement on 28.05.2008 for forming a layout for putting up 43 house in the land in question. In the meantime, liquidation proceedings were initiated in Comp. Petn.No.197/2008 in respect of M/s. Bidaas Apparel Industries Tiruppur Private Limited, and the petitioner herein having agreed to purchase the property discharged the entire mortgage loan amount due to Vijaya Bank from the owner. Pending liquidation proceedings, the petitioner herein made efforts to ascertain as to whether land in question is subjected to any acquisition proceedings or planning development and obtained certificate on 11.03.2009 from the Tahsildar to the effect that no such proceedings are pending in respect of the same. In the meantime the Company Court has also, on the strength of the triparty agreement entered into between the petitioner, owner and Vijaya Bank and mainly on the representation made by the company that the other party who is the petitioner herein who has put up constructions has already paid a sum of Rs.109 Lakhs out of Rs.234 Lakhs to the bank and the project is nearing completion and almost all the sites are sold out and the security is to be released failing which the interest of the third parties would be seriously prejudiced, directed the Bank to realise the balance amount due to the same and discharge the security which is the land in question. THE company court order is enclosed at page 26 of the typed set filed along with the writ petition. THEreafter, the same Company Court has, by an order dated 29.03.2010 the copy of which is enclosed at pages 3 to 7 in the additional typed set of papers filed on 1.7.2010 by the petitioner, directed the Official Liquidator to release the property as entire loan amount was discharged by the petitioner herein. THEreafter, the petitioner, as per the triparty agreement carried on the project work in the land in question.

(3.) ACCORDING to the petitioner as per the counter filed on earlier occasion there were two alignments prepared GREEN and RED and out of the two Green is selected for the reasons as mentioned above and the RED alignment is not selected, whereas the VIOLET alignment referred to in the particulars furnished by project Division which is in the same line as that of the RED alignment which is already rejected is newly introduced after the disposal of the earlier writ petition. The further grievance raised by the petitioner is that in the event of the construction being put up in accordance with Green alignment which is referred to in the earlier counter the same is likely to affect only negligible front portion of the land in question. Whereas, as per the IIIrd alignment in VIOLET colour the proposed construction is likely to be put up in the middle of the land in question and such revised arrangement is brought in only at the instigation of three other companies whose lands are likely to be affected if the construction is to go on as per the originally approved green alignment. It is seriously argued by the learned senior counsel for the petitioner that the officials are hurriedly proceeding with the project work and the construction of the bridge over railway and Noyyal river are almost completed and the officials are attempting to proceed with the construction of road over bridge, so as to connect the railway bridge and the Noyyal river bridge as per the revised alignment which is none other then the RED alignment in different colour i.e, VIOLET and in the event of the same being allowed to go on it is likely to cut the middle portion of the petitioner's constructed area of the land in question without resorting to any acquisition proceedings under the relevant provisions of the Highways Act and is hence illegal, without jurisdiction and is also in violation of the principles of natural justice and prejudicial to the petitioner's right to property and the petitioner is hence compelled to approach this court with the present writ petition for the appropriate relief as stated supra.