M/S. TECHNOLAB INSTRUMENTS (MADRAS), REP. BY ITS PROPRIETOR L.N. SRIDHARAN, CHENNAI Vs. STATE OF TAMIL NADU, REP. BY THE SECRETARY TO GOVERNMENT, CHENNAI & OTHERS

JUDGEMENT

(1.) THE dispute in this writ petition is in respect of 0.49 acres of land comprised in S.No.18/1A2 at Maduravoyal Village, Ambattur Taluk. The land was originally owned by one Mr.P.V.K.Swamy. The petitioner is a company governed by the Companies Act. The petitioner entered into a sale agreement with the erstwhile owner in the year 1975 and according to the petitioner, the possession was also handed over to the petitioner in the year 1975 itself. While so, the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as "the Act") was introduced on 17.05.1978. But, the petitioner went ahead and purchased the said property by means of registered sale deed dated 26.12.1981 and continued to be in possession of the same.

(2.) WHILE so, a draft statement under Section 9(4) of the Act was issued on 07.11.1985 against Mr.P.V.K.Swamy calling upon him to submit his objections for the proposed acquisition of 10,950 sq.mtrs after allowing 2500 sq.mtrs towards entitlement and 400 sq.mtrs for road usage. The said notice was served on Mr.P.V.K.Swamy on 07.11.1985. Thereafter, the respondents issued an erratum to the said statement by revising the excess vacant land to 10,050 sq.mtrs and accordingly, an order was issued on 12.12.1985 under Section 9(5) of the Act.

(3.) ON knowing the said proceedings, the petitioner submitted an application to the respondents on 23.01.1986 seeking exemption of the said land from acquisition as per Section 21 of the said Act. However, final statement under Section 10(1) of the Act was issued by the respondents on 23.01.1986 and notification was accordingly issued under Section 11(1) of the Act on 24.04.1987. The said notification was published in the Tamil Nadu Government Gazettee on 20.05.1987.