N RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the proceedings of the first respondent dated 16-11-99, rejecting their request for re-conveyance of their land acquired for the purpose of housing scheme at Coimbatore, the petitioners numbering 15 have filed W.P.No. 2076 of 2000 on various grounds to quash the said proceedings and direct the first respondent-Government to release/exempt the properties of the petitioners in S.F.Nos. 186, 188, 282, 283, 284, 284/1, 284/2, 285/1, 285/2, 286, 286/1, 286/2, 287, 287/2, 288, 289, 290, 291, 293, 295, 295/1 and 295/2 of Koundampalayam village, Coimbatore District and in S.F.No. 430 Telungupalayam village, Coimbatore District from the land acquisition proceedings.

(2.) Questioning the very same Government Order and praying for similar direction, R. Savithiri and two others have preferred W.P.No. 12363 of 2001. The case of the petitioners is briefly stated hereunder: The petitioners are all land owners in Goundampalayam village, Coimbatore Taluk and District situated in Survey Nos. 186, 188, 282, 283, 284,284/1, 284/2, 285/1, 285/2, 286, 286/1, 286/2, 287, 287/2, 288, 289, 290, 291, 293, 295, 295/1 and 295/2 and Telungupalayam S.F.No. 430 and they are all adjoining and continuous owners of the property and these lands were sought to be acquired by the Housing and Urban Development Department. By constructing pucca houses, they are living in the land for time immemorial. Most of the petitioners are illiterate and they are not aware of the land acquisition proceedings. Only at a later stage they came to know that their lands were sought to be acquired by Housing Department for implementation of the housing scheme; accordingly they filed a writ petition in Writ Petition No. 8361/88 challenging the acquisition proceedings. By Order dated 29-7-97, this Court disposed of the said writ petition along with two other writ petitions with a direction to the petitioners to make an application to the Housing Board within 4 weeks seeking reconveyance of the lands covered by the buildings. In the same order, this Court further observed that on such application being made, the Housing Board shall consider the requests of the writ petitioners and take a decision in terms of resolution No. 7/86 dated 2-7-86. The Court has granted three months' time to the Housing Board to dispose of the representation. The said order has been confirmed by the Division Bench of this Court in Writ Appeal Nos. 1300 to 1302/97 dated 21-10-97. Pursuant to the said direction, they made a representation. Without considering their representation and giving personal hearing, by order dated 16-11-99, the Government of Tamil Nadu, first respondent herein, passed the impugned order, rejecting their request of reconveyance. Hence the present writ petitions.

(3.) Deputy Secretary to Government, Housing and Urban Development Department, Chennai-9 has filed a counter affidavit for first respondent disputing various averments made by the petitioners. It is stated that at the instance of the Executive Engineer and Administrative Officer, Coimbatore Housing Unit, Coimbatore, land acquisition proceedings were initiated for acquiring an extent of 159.04 acres in Goundampalayam village of Coimbatore North Taluk. After following the mandatory provisions of the Land Acquisition Act and the Rules made thereunder and after giving adequate opportunity to all the land owners and the persons interested, the land acquisition officer passed awards on various dates. Pursuant to the acquisition, the Government considered the same in consultation with the requisitioning body, namely, Tamil Nadu Housing Board. At the instance of the Tamil Nadu Housing Board, Anna Nagar Neighbourhood Scheme at Coimbatore was formulated for construction of houses to low income and middle income group people. The petitioners' lands are situated in the vantage point in the Anna Nagar Neighbourhood Scheme. As the exclusion of the petitioners' land will affect the comprehensive nature of the scheme, their representations were considered and rejected by the Government.