DOLLAR COMPANY PRIVATE LTD Vs. SECRETARY PWD HIGHWAYS

JUDGEMENT

(1.) The petitioner, a private limited company has filed the writ petition to quash the Land Acquisition Notification No.32 dated 12.8.1959 issued by the Public Works Department (Highways) Acquisition of Lands (G.O.R.984 PW (Highways) dated 30.7.1959, culminating in the Award No.2/1960 (Port Trust) under Section 11 of the Land Acquisition Act dated 10.2.1960 in file No.F1/4466/60 and to restore the acquired land to the original owner, namely the petitioner.

(2.) There is no dispute that at the time of the aforesaid impugned acquisition, the petitioner was the owner of the acquired land. The said land was acquired by invoking emergency clause under Section 17(1) read with Section 17(4) of the Land Acquisition Act (hereinafter referred to as the Act) dispensing with the enquiry under Section 5-A of the Act and thereafter possession was taken on 27.1.1960. Subsequently, a very small portion of the land has been released in favour of the petitioner, but the major portion remained in possession of the respondent No.4, for whose benefit the land has been acquired.

(3.) It is the case of the petitioner that though the land has been acquired for construction of residential houses for the employees of the fourth respondent, namely Madras Port Trust, the land remained unutilised for more than three decades and ultimately in 1991, construction regarding a sports complex for the purpose of SAF Games begun. At that stage, the petitioner entered into correspondence with the respondents protesting about the subsequent action relating to construction of sports complex even though the land was acquired for residential purpose and the petitioner had prayed that the land should be returned to him as the same was acquired from the petitioner. Ultimately the present writ petition has been filed.