R DEVENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in all these writ petitions have challenged the land acquisition proceedings initiated by the Government to acquire the lands of about an extent of 1655.92 acres or thereabouts under the provisions of the Land Acquisition Act, 1894, hereinafter referred to as the Act " , for the purpose of setting up an Aromatic Complex and other petro based downstream projects of Madras Refineries Limited, hereinafter referred to as "M.R.L. "at the approximate cost of Rs.2,500 crores, by invoking the urgency provisions Sec.17(1) and (4) of the Act, while issuing Notification under Sec.4(1) of the Act. Since petitioners have raised common grounds in challenging the acquisition proceedings, all writ petitions were heard and disposed of together.

(2.) IN view of the heavy demand for the lands in Manali Village for setting up of an Aromatic complex and other petro-based downstream projects, close to M.R.L., the Government proposed to acquire a large extent of lands situate in six villages viz., Mathur, Manali, Vaikkadu, Amullavoyal, Kosappur and Elanth-acheri Villages. The Government constituted official Committee and that the Committee made a joint inspection of all these villages and identified the patta and poramboke lands to the extent of 1655 and odd acres for setting the aforesaid projects. After analysing the various issues like pollution and environmental implications etc., the Committee took a decision and made recommendations to set up Aromatic complex and other petro based downstream projects with sufficient safeguard therefor. Thereafter, based on the recommendations, the Government by G.O.Ms. No.648, INdustries (MID-I) Department, dated 16.9.1989, accorded administrative sanction acquisition/transfer of 1655.92 acres of patta and poramboke lands in the aforesaid villages as detailed hereunder under Part II of the Act. Name of the Village Extent. Mathur 488.79 acres Kosappur 331.42 acres Mullavoyal 304.36 acres Vaikkadu 429.33 acres Elanthancheri 5.74 acres Manali 96.28 acres Total extent --------- 1,655.92 acres.

(3.) SOON after the administrative sanction was accorded for acquisition, the Government received representations from the general public and associations pleading for dropping acquisition proceedings. The Government, after due consideration of the representations, their Letter No.590/90-5 (MIDI), dated 7.11.1990 ordered for the exclusion of 49.91 acres land in Mathur Village and rejected the request for outright dropping of the acquisition entire lands in Mathur Village. The Government considered that the lands under acquisition are intended for setting up a major industrial aromatic complex and other downstream projects at a then estimated cost of Rs.1,380 crores in the interest of industrial development of the State and of the public at large. It aims at creation of great employment potential both for skilled and unskilled in addition to the economic development of the State In to establish such an industrial complex early, It was felt essential to provide infrastructure facilities such as road, power supply, water etc., which could be done only entering upon the land intended for the establishment of the industries. The M.R.L., which one of the major participants of the industrial complex, obtained letter of intent for project and requested the land required for the establishment of the project urgently aim of the Government was to promote employment potential and the consequent economic development in the field of petro chemicals for which the feed stock was then available in the adjacent refinery. In order to establish such an industrial complex early, was felt that all infrastructural facilities should be provided at the earliest point of time. was also felt that the establishment of an aromatic complex is a major project and that project could not brook the delay that might be occasioned as a result of holding enquiry contemplated under Sec.5-A of the Act. The experience in the past shows that in a number of cases the landowners have indulged in dilatory tactics thereby delaying the enquiry long period and that the provision of infrastructural facilities cannot brook the delay as lead to escalation of cost and also affect the economic development of the State. Government considered that any further delay would hamper the setting up of the early and consequently invoked the urgency provisions of the Act for acquiring the lands question. In the circumstances, the Government issued Notification under Sec.4(1) Act, invoking the urgency provisions under Sec.17(1) and (4) of the Act G.O.Ms.Nos.1387, 1388, 1389 and 1390, Industries (MIDI) Department, dated 4.12.1990; G.O.Ms.No.1244 to 1247, Industries (MIDI) Department, dated 13.11.1990; G.O.Ms.No.1314 to 1318, Industries (MIDI) Department, dated 20.11.1990 G.O.Ms.No.1398 to 1401, Industries (MIDI) Department, dated 4.12.1990 in respect lands situated in Mathur Village; G.O.Ms.Nos.1182 and 1183, Industries (MIDI) Department, dated 31.10.1990 in respect of the lands situated in Manali Village; G.O.Ms.No.963, Industries (MIDI) Department, dated 12.9.1990 in respect of the lands situated in Vaikkadu Village; G.O.Ms.No.1263, Industries (MIDI) Department, dated 14.11.1990, G.O.Ms.No.774, Industries (MIDI) Department, dated 31.7.1990, G.O.Ms.No.896, Industries Department, dated 27.8.1990, G.O.Ms.No.903 Industries (MIDI) Department, 28.8.1990; G.O.Ms.No.1187 and 1188, Industries (MIDI) Department, dated 31.10.1990; G.O.Ms.No.964, Industries (MIDI) Department, dated 10.9.1990; G.O.Ms.No.1197, Industries (MIDI) Department, dated 1.11.1996 and G.O.Ms.No.1263, Industries Department, dated 14.11.1990 in respect of the lands situated in Amullavoyal G.O.Ms.No.703, Industries (MIDI) Department, dated 10.7.1990; G.O.Ms.No.767, Industries (MIDI) Department, dated 30.7.1990; G.O.Ms.No.749, Industries (MIDI) Department, dated 24.7.1990 and G.O.Ms.No.769, Industries (MIDI) Department, dated 30.7.1990 in respect of the lands situated in Kosappur Village and the Government Order runs as follows: