VITTAL COMBINES Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Appeal is preferred against the order dated 7.1.1993 passed by the learned single judge in W.P. No. 220 of 1993. In the writ petition, the petitioner who is the owner of the land bearing S. No. 116/2A of Saligramam village measuring 3450 Sq. Metres situated in Madras urban agglomeration, sought for quashing the order dated 18.11.1992 bearing No. (Ms) No. 1314 passed by the State Government under S. 21(1) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, hereinafer referred to as the Act). By the aforesaid order the State Government has rejected the application filed by the petitioner for exempting the land in question from the purview of Chapter III of the Act, on the ground that on the date the application for exemption was filed, the land had vested in the State Government having regard to the order passed and the notification issued under S. 11(3) of the Act specifying the date from which the land vests in the State Government free from all encumbrances. It is not in dispute that the land in question is a vacant land. It was held by the petitioner. Therefore, he filed the returns under the provisions of the Act for determination of the question as to whether he held vacant land in excess of ceiling area. Pursuant to that return the competent Authority decided the question as to whether the vacant land held by the petitioner exceeded the ceiling limits. Pursuant to the order passed by the Competent Authority a notification was issued in Form VI under sub-S. (3) of S. 11 of the Act in the following terms: ?Notification declaring the acquisition of excess vacant land under sub-S. (3) of S. 11. (Rc. 1251/80-C.) No. VI(1)/1339/81. Under sub-S. (3) of S. 11 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 978), I.S. Meer Ahamed Ibrahim, Competent Authority of Kunnathur, hereby declare that the excess vacant land referred to in the schedule below and having been published under sub-S. (1) of S. 11 of the said Act as Notification No. VI/(1)1175/81, dated the 4th September, 1981 in Part VI-S. 1 of the Tamil Nadu Government Gazette, dated the 30th September, 1981, shall, with effect on and from the 18th November, 1981 be deemed to have been acquired by the State Government and that such land shall be deemed to have vested absolutely in the Stale Government free from all encumbrances with effect on and from the date specified above. Table

(2.) FOR our purpose it is also relevant to notice that on 21.2.1991, the land owner-petitioner filed an application under S.21 of the Act for exempting the excess vacant land from the provisions of Chapter III of the Act. After such an application was filed, even according to the case of the respondent, possession of the vacant land in question was obtained by the State Government on 11.10.1991 pursuant to vesting. 2.1. The application filed under S. 21 of the Act by the petitioner has been rejected by the State Government on the ground that there is no scope for exercising the power under S. 21 of the Act, as on the date of filing of the application the land had vested in the State Government. It is the validity of this order, as already painted out, that is challenged in the writ petition. The learned single judge, has also taken the same view. Accordingly the learned single judge has held that the order passed by the State Government does not suffer from any infirmity. Consequently, the learned single judge has rejected the writ petition. Hence this Writ Appeal.

(3.) IN order to decide this question certain provisions of the Act may first be noticed: The provisions of S. 21(1)(a) and (b) with the proviso thereof are as follows: