ANCHOR BREWERIES LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring that the proceedings under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 in respect of the petitioner's lands of an extent of 800 sq.mts. comprised in R.S.Nos.127, 128, 129, 132, 134 (part) stand lapsed and for other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(2.) The petitioner is a Public Limited company incorporated for manufacturing brewerage. For the establishment of its factory, it purchased lands comprised in R.S.Nos.126, 127, 128, 129, 132 and 134 of Porur village having a total extent of 18955 sq.mts. under a registered sale deed dated 22.01.1973 from one V.Olagammai Achi. Thereafter, the petitioner was in possession and enjoyment of the said lands. Meanwhile, the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 came to be enacted and the petitioner company submitted its return under Section 7 in Form VII on 15.10.1978. The returns were processed and the third respondent issued an order rejecting the objections made by the petitioner and holding that an extent of 800 sq.mts. of land was the excess land in the possession of the petitioner company over and above the ceiling. The said extent held to be excess holdings of vacant land in the hands of the petitioner was proposed to be acquired under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978.

(3.) The petitioner company preferred an appeal before the second respondent and the second respondent, by an order dated 28.06.1983, dismissed the same. Thereafter, notification under section 11(1) was published in the Tamil Nadu Government Gazette dated 02.05.1984 and notification under section 11(3) of the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 was published in the Gazette on 15.08.1984. Meanwhile, the petitioner applied to the first respondent for the grant of exemption for the excess holding of the land. The said request was also rejected by the Government in their order dated 06.07.1988. Again the petitioner prayed for re-consideration and the said application for re-consideration was also rejected on 15.08.1989.