M D VENKATESAN Vs. SECRETARY, HOUSING & URBAN DEVELOPMENT DEPARTMENT; CHAIRMAN, TAMIL NADU HOUSING BOARD; SPECIAL COMMISSIONER AND LAND ADMINISTRATION; SPECIAL TAHSILDAR (LA), HOUSING SCHEME

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner submits that he is the absolute owner of the property to an extent of 0.05.5 hectares (0.14 cents) and 0.26.5 hectares (0.65 1/2 cents) respectively situated in S.Nos.644 and 645/1 at Hosur Village and Taluk having purchased the property from its then owner Dr.S.Sadasivam and Smt.Jayadevi by sale deed dated 23.10.1987 vide Doc.No.4828/1987. His vendors purchased the property from one Thiru.T.V.Sriramulu. He further submits that from the date of his purchase, he is in absolute possession and enjoyment of the property and he applied for patta before the Revenue Authorities. The petitioner further submits that the first respondent for the purpose of developing a Housing Scheme initiated Land Acquisition Proceedings on behalf of the second respondent Board for larger extent, which includes his property in S.Nos.644 and 645/1 at Hosur Village measuring 0.05.5 Hectares (0.14 cents) and 0.26.5 hectares (0.65 1/2 cents) respectively. In pursuance thereof, 4(1) notification under the Land Acquisition Act was issued in G.O.Ms.No.849, dated 21.05.1991 by the first respondent. The Declaration under Section 6 of the said Act was issued in G.O.Ms.No.532, dated 18.08.1992. The said Declaration was also published in the Tamil Dailies viz., Thina Thoothu and Vetri Malai on 20.08.1992. The abstract of the same was also propagated in the Village on 20.08.1992.

(3.) The petitioner further submits that neither in the 4(1) Notification nor in Section 6 Declaration, his name was found a place and only his vendor's name was notified even though, he had purchased the above property which was much earlier to the acquisition proceedings. The acquisition proceedings were initiated only on 19.06.1991. Neither he nor his predecessors who are the notified parties were ever served with any of the statutory notices under the Act and they were not aware of the Land Acquisition Proceedings and no compensation amount was paid. As already stated, he purchased the property by Sale Deed dated 23.10.1987, whereas the acquisition proceedings were initiated only on 19.06.1991. He is neither aware of the acquisition proceedings during the relevant point of time nor had he been issued any notice in this regard by these respondents whatsoever. The petitioner further submits that he continued to be in possession of his property and he is the owner of the lands by virtue of the holdings in the records of the Sub Registrar Office, Hosur which stands in his name even today. Only during the month of January 2005, he came to know about the Land Acquisition Proceedings. The respondents never took possession of his property in accordance to the procedures contemplated under Section 16 of the Land Acquisition Act and more than 150 acres surrounding his lands which were also acquired since 1992 were not utilized by the second respondent-Board as on date. In such circumstances, the petitioner made a representation to the respondents on 11.02.2005, requesting them to pass appropriate orders for withdrawing /de-notifying the acquisition proceedings in so far as his land is concerned from the Scheme of Land Acquisition in the interest of Justice. Since, they have not passed appropriate orders, he filed W.P.No.12745 of 2005 before this Court and this Court by order dated 18.04.2005 directed the respondent in the above mentioned writ petition to consider the representation dated 11.02.2005 within a period of 8 weeks. In pursuance thereof, the first respondent, after a delay of 15 months, by letter dated 02.05.2006, rejected his request for re-conveyance.