C. CHANDRASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE short facts of the case are as follows:- The writ petitioner stated that he is the owner of lands, an extent of 0.05 3/4 acre in Survey No.59/8 of Koyambedu Village, Egmore, Nungambakkam Taluk, Chennai. He has purchased the said lands under registered sale deed dated 27.04.1989 as per document bearing Nos.1796 of 89, on the file of the Sub Registrar, Annanagar. The Government of Tamilnadu, in and by its G.O.Ms.No.105, Housing Department, dated 21.04.1975 approved the notification under Section 4(1) of the Land Acquisition Act, 1894 for acquisition of an extent of 85.12 acres of land in Koyambedu Village, including the lands descried supra for "Mid West Madras Neighbourhood Land Development Scheme" and it was published in the Tamil Nadu Government Gazette on 21.05.1975. The draft declaration under Sections 6 and 7 of the Land Acquisition Act, 1894, was approved in G.O.Ms.No.974, Housing Department, dated 11.05.1978 and published in Tamil Nadu Government Gazette on 15.05.1978, in respect of an extent of 17.94 acres, excluding an extent of 67.18 acres from land acquisition proceedings. The original owners of the land appeared before the Special Deputy Collector for enquiry under Section 5(a) on 28.06.1999, with reference to notices issued under Rule 3(b) of the Rules framed under Section 55(i) of the Land Acquisition Act and presented their objections.

(2.) THE petitioner further stated that originally the entire land was an extent of 1.29 acres as comprised in Survey No.59/3, Block No.6, Koyambedu Village. The erstwhile owner of the entire extent of 1.29 acres in Survey No.59/3 was one N.Manicka Naickar and N.Kuppan. Section 4(1) notification was issued by the first respondent in G.O.Ms.No.105, Housing dated 21.04.1975 and Section 6 declaration was also issued by the first respondent in G.O.Ms.No.974, Housing, dated 11.05.1978, referred to in Survey No.59/3, owned by the said Manicka Naickar, with an extent of 1.29 acres in Koyambedu Village. The 4(1) notification was published in the Tamil Nadu Government Gazette on 21.05.1975 and the declaration under Section 6 of the Land Acquisition Act was published in the Tamil Nadu Gazette on 15.05.1978 in respect of his land. But the Government, by a Memo, seems to have, at the instance of the third respondent herein, challenged the parties for which the land was sought to be acquired under Section 4(1) notification and have decided to proceed further with the acquisition for the benefit of locating a Truck Terminal for the third respondent, who is a different requisition authority. Hence, the said original owner, V.Manicka Naickar had filed a writ petition in W.P.No.1570 of 1983, before this Court, challenging the land acquisition proceedings. This Court, by its order dated 08.01.1988, was pleased to quash the declaration under Section 6 of the Land Acquisition Act, giving opportunity to the petitioner to prove his ownership in the enquiry to be held under Section 5(a) of the said Act. He further stated that after the disposal of the writ petition in W.P.No.1570 of 1983, by this Court, the respondents did not take any steps to issue a fresh declaration under Section 6 of the Act, in the place of 6 declaration, which was earlier quashed.

(3.) 10.1991, this Court, in W.M.P.No.21008 to 21013 of 1991 in W.P.No.13957 to 13962 of 1991, passed orders staying the dispossession alone of the petitioners from the lands and allowed other proceedings to go on. 4. The petitioner further stated that on behalf of the respondents, a counter affidavit was filed by the Joint Secretary to Government, Housing and Urban Development, Government of Tamil Nadu and in the said counter, it was contended, inter-alia, that the declaration proposal was sent to Government for getting approval of the Government, by the Commissioner of Land Administration. However, even in the said counter affidavit, which was filed on 31.05.1993, there was no reference to any fresh declaration. He further stated that while the above batch of writ petitions were pending before this Court, the entire extent of 1.29 acres in Survey No.59/3, Koyambedu Village was subdivided and patta was also issued to the respective owners including himself. All the 6 petitioners have purchased the lands from N.Manicka Naickar on 27.04.1989 under registered sale deeds. Gangarathinam had purchased, an extent of 0.20 acres; Sudhakar Reddy, had purchased 0.18 acres, Muralikrishna had purchased 0.21 acres, Thulasi had purchased an extent of 0.20 acres, Bhaskar had purchased an extent of 0.20 acres and Thatha Reddy had purchased 0.20 acres. In total, an extent of 1.29 acres had been purchased. The said Thatha Reddy had sold 2500 sq.feet each to Chandrasekar under registered sale deed No.3961/90, and another to Gangarathinam, by registered sale deed 3962/90 dated 13.08.1990, holding balance of 8 1/2 cents in his name; likewise, one Mr.Bhaskar, having 0.20 cents sold 2500 sq.ft (0.5 3/4 cents) each to Sudhakar Reddy by document No.3964/90 dated 13.08.1990 and another to Vijayasekar Reddy by document No.3963/90 dated 13.08.1990, holding balance of 0.8 1/2 cents in his name.