VENGEESWARAR ALAGARPERUMAL DEVASTHANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The lands of the petitioners herein were notified for acquisition under the Land Acquisition Act, hereinafter referred to as the Act, along with other lands by the Special Deputy Collector for Land Acquisition, Neighbourhood Schemes, as required by the Chairman, Tamil Nadu Housing Board, in connection with the development of the area as Kodambakkam-Pudur Neighbourhood, as early as in 1963. The draft notification under Section 4(1) was published on 8-5-1983. The notice under Section 9(3) was issued on 7-9-1964 and the statement of claim was filed by the petitioners on 7-10-1964. Sri Vengeeswarar Devasthanam, one of the owners, preferred W.P.No.2365 of 1965 concerning an extent of 1.87 acres. The challenge to acquisition was on the ground that this extent formed part of the Prakaram of the temple. That writ petition was allowed on 10-4-1968. Thereafter, one K.R.P.Haran filed W.P.No.2383 of 1970 stating that in spite of seven years having lapsed, the award in respect of his lands had not been passed and, therefore, he prayed for a mandamus to expedite the passing of the award. It was represented to this Court that the Special Deputy Collector (Land Acquisition) Neighbourhood Schemes, was prepared to proceed further in the matter which he could not do on account of the writ petition pending in this Court. This Court, accepting the undertaking given by the Special Deputy Collector, ordered that the matter might be disposed of as expeditiously as possible. This was on 6-10-1971. As a follow-up action, the Special Deputy Collector addressed to the Executive Engineer, P.W.D., South Presidency Division, Madras, for valuation of the structures standing in S.No.37/65 in file No.M2/4429/64 dt. 27-11-1971, and several reminders were sent to him. Though eleven years elapsed after the undertaking given to Court, the valuation of the structures had not been made nor was any report received from the said Executive Engineer. During the award enquiry, the said Haran claimed severance compensation on the ground that the main building standing in the land left out from acquisition proceedings, would be rendered useless if the structures in S.No.37/7 were acquired, inasmuch as the sanitary facilities attached to the main building would be severed by it. He claimed a huge amount of Rs. 1,80,000.00 as severance compensation. The matter was referred to the Chairman, Tamil Nadu Housing Board for his remarks. The Chairman, after detailed examination, agreed to acquire the portion of the land measuring 0.09 acres covered by the main building also. Accordingly, the left out portion was subsequently notified for acquisition as S.No. 37/81 and acquired in Award No.4/81 dated 2/4/1,981.

(2.) On abolition of the post of the Special Deputy Collector (Neighbourhood Schemes) the file was transferred to the Special Deputy Collector, Tamil Nadu Bousing Board. In the meantime, the Highways Department, Corporation of Madras, etc., required certain lands falling in Madras and Chingleput Districts for developmental activities under Madras Urban Development Project Schemes to be implemented under World Bank Aid. It was found that if the lands required by these agencies are to be acquired by utilising the available staff with the Special Deputy Collector, Tamil Nadu Housing Board, and Collector, it will not be possible to have the lands at the right time. Hence, a Land Acquisition Cell in the M.M.D.A., was created to deal with such cases of acquisition with the approval of the Government in G.O.Ms.No.1251, Housing and Urban Development Dept., dt. 15-7-1979. Accordingly, the post of the Special Tahsildar (LA) MMDA., was created in October, 1979 and the files relating to acquisition of lands under MUDP., schemes were transferred to the Special Tahsildar (LA) MMDA. The land under reference is one such case transferred from the Special Deputy Collector, TNHB., to the Special Tahsildar (LA) MMDA., as the Highways Department proposed to form an Inner Ring Road to connect it with the Arcot Road in Kodambakkam. The Award No.4/81 dt. 2-4-1981 relates to one of the awards passed by the Special Tahsildar (LA) MMDA., after taking over charge of the files, from the Special Deputy Collector (LA), TNHB.

(3.) Since the award in respect of the land bearing S.No.37/65 measuring 0.081/2 acres was not passed even after 11 years from the date of disposal of the Writ Petition No.2383/70, the said Haran again filed W.P.Nos.2556 and 2557 of 1981 and obtained stay restraining the Special Tahsildar (LA) MMDA., from taking any further action in respect of the above-said. land. Thereafter, I am informed, by private negotiations his lands were taken over. It is at this stage, the writ petitions have come to be filed for certiorari to quash the section 4(1) Notification as well as the declaration under section 6 made on 8-5-1963and 26-8-1964 respectively.