COMMISSIONER Vs. LAKSHMI BAI DIED

JUDGEMENT

(1.) WRIT Appeal Nos. 2485 and 2487 of 1999 have been preferred by the Commissioner, Corporation of Chennai and the W. A. Nos. 1696 and 1697 have been preferred by the Secretary to Government, Municipal Administration and Water Supply Department,chennai against the common order of the single Judge of this Court dated 24. 9. 1999 respectively made in W. P. Nos. 6686, 6687 of 1997 and the W. A. No. 2504 of 2004 has been preferred by the Member Secretary, Chennai Metropolitan Development Authority, Chennai against the order of the single Judge of this Court dated 19. 5. 2004 made in W. P. No. 14154 of 2004. For the sake of convenience hereinafter Writ Appeal Nos. 2485 and 2487 of 1999 and 1696 and 1697 of 2000 are referred to as the first four appeals and Writ Appeal No. 2504 of 2004 is referred to as the fifth appeal.

(2.) TRACING the history of the above Writ Appeals having come to be preferred before this Court, it comes to be known that the Special Collector for Land Acquisition, Madras has passed an Award dated 3. 1. 1949, thereby acquiring the lands in R. S. No. 324/2 and 324/3 of Triplicane Village respectively measuring 5 grounds and 416 sq. ft. and 5 grounds and 567 sq. ft. under the Land Acquisition Act, for the Town Planning Schemes i. e. for the purpose of formation of a road, from Thiruvalargal R. Neelakanta Mehta and Sivasankara Mehta and paid a compensation of Rs. 34,689/-; that on a reference under Section 18 of the said Act, the the same was enhanced to Rs. 90,561/- as per the judgment dated 23. 12. 1949 by the City Civil Court; that though both the lands in S. No. 324/2 and 324/3 were acquired, only the land in S. No. 324/3 was utilised by forming a road connecting the Mount Road with Peters Road terminal, while S. No. 324/2 was left vacant and not utilised by the Corporation of Madras for the purpose for which it was acquired; that Thiruvalargal R. Neelakanta Mehta and Sivasankara Mehta (Ex. Meyor of Madras) have made representation to the Government requesting to re-convey the lands in R. S. No. 324/2 in Triplicane Village measuring 5 grounds and 416 sq. ft. (12416 sq. ft.), agreeing to pay the cost of the land received by them with interest at 6% from the date of receipt of compensation; that the Government after examining the case in detail by an order in G. O. Ms. No. 48, Municipal Administration and Water Supply Department dated 10. 3. 1995 has passed an order directing the Commissioner of Corporation, Madras, to release the above land in S. NO. 324/2 of Triplicane Village measuring 5 grounds and 416 sq. ft. (12416 sq. ft.) to the ex-owners Thiruvalargar R. Neelakanta Mehta and Sivasankara Mehta or their legal heirs or their nominees after observing all the formalities and under proper land delivery receipt.

(3.) IT further comes to be seen that the Government of Tamil Nadu has passed yet another order in G. O. Ms. No. 152, Municipal Administration and Water Supply Department dated 25. 7. 1995 thereby cancelling the earlier order passed in G. O. Ms. No. 48, Municipal Administration and Water Supply Department dated 10. 3. 1995 on ground that the Commissioner, Corporation of Madras in his letter dated 5. 6. 1995 has stated that the land under reference can be better utilised for the purpose of parking of vehicles, for which there is a great demand because of manifold increase in the traffic lead in the part of the city.