C V NARASIMHAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition to quash the impugned proceedings of the first respondent dated 29.5.2000 and consequently to treat the land as falling outside the purview of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978.

(2.) THE short facts for the disposal of the writ petition are as follows. THE petitioner is the owner of the land in R.S. No. 8/3 and 9/9A of Palavakkam Village of an extent of 1 acre. When the proceedings were initiated under the Tamil Nadu Urban Land Ceiling Act, the Government passed an order under Section 9(5) of the said Act, and acquired an extent of 3576 sq.mts and consequently, a notification under Section 9(5) of the Act was also issued. THE petitioner made a revision challenging the said acquisition proceedings initiated by the Government. THE same was rejected by the first respondent as early as on 18.1.1987. THE petitioner filed a revision under Section 34 of the said Act in June, 1997 stating that the Government had earlier exercised its discretion and exempted the land owned by a few from the purview of the said Act and basing upon the said principle, the petitioner also had to be given the same benefit. THE said revision was dismissed under the impugned proceedings on the ground that the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 had been repealed and as such, there is no provision to re-convey the land under the repealed Act. Aggrieved by the same, the present writ petition has been filed.

(3.) IT is worthwhile to have a glance of the repealed provision of the Tamil Nadu Urban Land (Ceiling and Regulation) Act (Act 24 of 1978), repealed under the Repeal Act, 1999 (Act 20 of 1999). Section 3 of the said Act 20 of 1999 is the Savings clause and Section 4 is Abatement of legal proceedings which are as follows: " "Section 3: Savings: " (1) The repeal of the principal Act shall not affect " (a) the vesting of any vacant land under sub-section (3) of Section 11 possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority. (b) the validity of any order granting exemption under sub-section 1 of Section 21 or any action taken thereunder. (2) Where " (a) any land is deemed to have vested in the State Government under sub-section (3) of Section 11 of the principal Act, the possession of which has not been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority; and (b) any amount has been paid by the State Government with respect to such land, then, such land shall not be restored unless the amount paid, if any, has been refunded to the State Government. Section 4: Abatement of legal proceedings: " All proceedings to any order made or purported to be made under the principal Act pending immediately before the commencement of this Act, before any Court, Tribunal or any authority shall abate; Provided that this Section shall not apply to the proceedings relating to Sections 12, 13, 14, 15, 15-B and 16 of the principal Act insofar as such proceedings are relatable to the land, the possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority." Sub-section (1) of Section 3 restricts the application of the Act in respect of the land vested with the Government under sub-section (3) of Section 11, where the possession of the land has been taken over by the State Government. Sub-section (2) deals with the land vested with the Government under sub-section (3) of Section 11 of the principal Act, but where possession was not taken over by the State Government. Sub-clause (b) to sub-section (2) contemplates restoration of a land if the compensation is refunded to the State Government.