RAJESWARI VENKATESAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this writ petition praying to issue a writ of certiorarified mandamus calling for the records of the first respondent relating to his letter No.2063/1 Land Acquisition 4(2)/97 dated 23.2.2000 and quash the same and direct the Respondents to reconvey the lands of the petitioner to the petitioner.

(2.) In the affidavit filed in support of the writ petition petitioner would submit that on 15.12.1979, she purchased a tiled house and lands at Jagir Ammapalayam village by a registered sale deed and thereafter, she made alterations to the house and put up a pucca building; that from the date of purchase, she was continuously residing in the house along with her family members; that while this being the position, the respondent initiated acquisition proceedings against her lands and other lands for the purpose of neighborhood scheme proposed by the second respondent; that the notification under Section 4(1) of the land acquisition Act was issued in G.O.Ms.No.525, (Housing and Urban Development) dated 25.5.1985 and declaration under Section 6 was issued in G.O.Ms.No.1408 (Housing and Urban Development) dated 3.9.1986; that she filed writ petition in W.P.No.11039 of 1986; that this Court by order dated 28.11.1991, allowed the writ petition and quashed the proceedings against her lands; that after a period of four years, the respondents filed W.A.No.1247 of 1994 against the order of this Court in W.P.No.11039 of 1986; that it is stated by the Government in the counter affidavit that certain lands which could be exempted without detriment to the scheme were exempted by the Government and the requisitioning body namely the Tamil Nadu Housing Board, in its resolution No.678/1986 had resolved to re-convey the lands where buildings have come up and occupied by the land owner by way of reconveyance; that the Division Bench of this Court by order dated 4.10.1996 allowed the writ appeal with the following direction:

(3.) The petitioner would further submit that pursuant to the order of this Court, she sent a detailed representation dated 28.3.1997 to the respondents requesting to exempt her lands from acquisition proceedings and to re-convey same on receipt of necessary payments; that since no reply or notice came from the first respondent, she sent a remainder dated 2.4.1998 to the first respondent to exempt her lands from the acquisition since she had satisfied the condition laid down in the resolution and she had spent her entire savings and earnings towards construction of her residential building and to develop farm with more than 100 coconut trees; that she had also constructed a granite stone wall covering her entire lands to protect the land and building; that as on date she is in possession and enjoyment of her lands sought tobe acquired by the respondents and she is also cultivating her lands; that while this being the position, the first respondent by letter dated 23.2.2000 rejected her representation dated 28.3.1997 after a long period of three years on the sole ground that her building was constructed after the issuance of section 4(1) notification and it is needed for the neighborhood scheme; that the first respondent kept quite for more than three years even though she sent representation and remainders; that since the respondents have exempted certain lands notified along with the petitioners land, the lands of the petitioners should have also been exempted; that the respondent has not taken possession of the lands of the petitioner till date and the petitioner is in possession and enjoyment of the same and she is also residing along with her family members in the residential building situated in the lands; that as on date the petitioner is also cultivating the lands. On such grounds, the petitioner would file this writ petition praying for the relief as extracted supra.