P.KANNAPPAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By consent, this writ petition is taken up for final disposal at the time of disposal itself, through Video Conferencing, due to COVID-19 pandemic.

(2.) The petitioners have filed this Writ Petition praying for a mandamus directing the 1st respondent to consider their representation dated 29.12.2019 and to disburse the compensation amount for the land acquired under section 4(1) of Land Acquisition Act in the year 1982 vide Award No.1/1985 on the file of the Land Acquisition Officer & Special Tahsildhar, Tamil Nadu Housing Board, Tatabad and for consequential relief.

(3.) Brief facts leading to the filing of the writ petition are that the petitioners' grandfather late Nachi Konar and his brother Kulandhai Konar jointly purchased agricultural land measuring to an extent of 8.40 acres in Survey Nos.296/1, 296/2A and 296/2B of Kavundampalyam Village, Coimbatore - North Taluk, Coimbatore for valid sale consideration in the year 1913. After their death, the legal heirs became the absolute owners of the said land. While so, the Government initiated acquisition proceedings to the vast extent of 65.27 acres in Survey No.284/1 of Kavundampalyam Village, Coimbatore Taluk & District for the purpose of formation of Anna Nagar Housing Scheme, Coimbatore in the year 1982, which was approved vide G.O.Ms.No.815 Housing Department dated 16.08.1982. However, the award was passed to an extent of 29.45 acres instead of 65.27 acres, vide Award No.1 of 1985, as per which, the petitioners' father was entitled to get Rs.8,183/- for 70 cents i.e., 30,492 sq.ft., but he did not receive the said amount. At that time, the market value of the land was Rs.1,25,000/- per acre. According to the petitioners, the land acquisition officer fixed the market value of the petitioners' land at the lesser value of Rs.7,000/- per acre based on the sale of larger extent of 2.39 acres, whereas they fixed the market value of the land in the vicinity at Rs.9,000/- per acre and hence, the two different yardsticks adopted by the Land acquisition officer is arbitrary, illegal and discriminatory in nature. The petitioners' father continuously approached the respondents for the past 23 years, but he died without receiving the compensation. Thereafter, the petitioners, who are all now the senior citizens, were taking steps for getting compensation in respect of the acquired land. Though the representation dated 27.02.2018 submitted by them was forwarded by the first respondent to the second respondent for taking action and the second respondent inturn directed the third respondent to look into the issue, no order came to be passed with respect to disbursal of compensation amount to the petitioners. Hence, the petitioners again made a detailed representation on 29.12.2019 with a request to pay compensation for their land acquired in the year 1982. Finding no response on the said representation, they preferred the present writ petition for the aforesaid relief.