LAWS(MAD)-2011-4-122

GMMCO LIMITED Vs. GOVERNMENT OF TAMIL NADU

Decided On April 25, 2011
GMMCO LIMITED Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) HEARD, Mr.Satish Parasaran, the learned counsel for the petitioner; Mr.P.S.Raman, the learned Advocate General for Mr.K.Balasubramanian, the learned Special Government Pleader appearing for respondents 1 to 6 & 8 to 11; Mr.P.S.Raman, the learned Advocate General for Mr.V.Ramajagadeesan, the learned counsel for seventh respondent; and Mr.S.Sathish Kumar, the learned counsel for twelfth respondent. By consent, the Writ Petition itself is taken up for final disposal.

(2.) THE Writ Petition is filed challenging the impugned order of the Government in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, in which, in order to implement the Chennai Metro Rail Project, administrative approval has been granted for transfer of 2477.5 sq.m. of vacant Government poramboke land occupied by Hindustan Motors - GMMCO, situated in Survey No.512, Alandur Village & Taluk, Kancheepuram District, on permanent basis and permitted the Chennai Metro Rail Limited to enter upon the land to proceed with the project.

(3.) THE petitioner is willing to negotiate and transfer the required lands in favour of Chennai Metro Rail Limited on payment of the market value as compensation. THE petitioner has submitted an application on 31.12.2008 for transfer of patta in respect of the properties. According to the petitioner, the market value of the total extent of 2477.5 sq.m. will be around Rs.10 Crores, for which, various documents have been produced. It appears that for fixation of price in respect of the above said properties, on negotiation, as compensation to be paid, the Tahsildar, after conducting an enquiry has issued a detailed report on 19.11.2010 to the effect that the property stands in the name of M/s.Hindustan Motors Limited, as per the Village records.