B. HAYAR UNNISA BIBI & OTHERS Vs. THE STATE OF TAMIL NADU REP.BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT CHENNAI & ANOTHER

JUDGEMENT

(1.) THESE four writ petitions are filed challenging the Section 4(1) notification and Section 6 declaration in G.O.Ms.No.137, Revenue Department dated 23.1.82 issued by the first respondent, as published in Part II Section 2 of the Tamil Nadu Government Gazette Extraordinary dated 28.1.82, to quash the same and consequently to forbear the respondents from interfering with the peaceful possession and enjoyment of the petitioners in respect of the subject lands.

(2.) AN extent of 2.01.5 hectares of land in Re -Survey Nos.92 and 94 of Udaiyargudi Village in Kattumannarkoil Taluk were notified for acquisition by the first respondent invoking the urgency clause for construction of a Taluk office complex. After observing the formalities under Sections 9(1), (3) and 10 of the Land Acquisition Act, award enquiry was conducted on 12.7.82 and an award came to be passed on 18.3.83 in Award No.2 of 1983. Since the land owners refused to receive compensation, the amount was kept in Revenue deposit.

(3.) THE lands comprised in old Survey No.92/6A measuring an extent of 0.19.5 hectares; Survey No.92/12A measuring an extent of 0.03.0 hectares and in Survey No.92/5 measuring an extent of 0.32.5 hectares respectively belong to the petitioners in W.P.Nos.13853 and 13854 of 2003. The lands in Survey No.92/6A measuring an extent of 0.12.5 hectares and in Survey No.92/12A measuring an extent of 0.04.5 hectares originally stood in the name of Mr.K.M.P.Tajuddin and since the said Tajuddin died on 6.6.94, the petitioner in W.P.No.16610 of 2003 inherited the property as his legal heir. Likewise, the land in Survey No.92/2 measuring an extent of 0.46.0 hectares originally stood in the name of Mr.V.Chinnathambi Nattar and since the said Chinnathambi Nattar died on 3.7.2003, the petitioners in W.P.No.8340 of 2005 inherited the property as his legal heirs. It is the case of the petitioners that they had put up houses in a portion of their respective lands and residing therein. It is also their case that they have been in exclusive possession and continuous enjoyment ever since then. While so, the respondents initiated land acquisition proceedings by invoking the urgency clause stating that the lands are required for construction of a taluk office complex with residential quarters for the officers of Kattumannarkoil Taluk.