SAMEER KUMAR SHARMA Vs. GOVERNMENT OF TAMIL NADU; SPECIAL COMMISSIONER AND COMMISSIONER OF LAND REFORMS; ASSISTANT COMMISSIONER; ROTARY CLUB OF MADRAS

JUDGEMENT

(1.) The petitioner, one Sameer Kumar Sharma, seeks to challenge an order, dated 15.06.1988 passed by the Assistant Commissioner/competent authority under the Tamil Nadu Urban Land Ceiling Act, (TN Act 24 of 1978), third respondent, as confirmed by the Tamil Nadu Land Reforms Special Appellate Tribunal in T.R.P.No.310 of 1999, dated 30.08.2001 in respect of the land in Survey No.377/1A of Selaiyur village.

(2.) The challenge to the impugned proceedings are on two grounds. Firstly that the acquisition proceedings initiated under the provisions of the Tamil Nadu Act 24 of 78, would abate in view of Section of the Tamil Nadu Urban Land [Ceiling and Regulation] Repeal Act, 1991, Act 20 of 1999; secondly as to whether the competent authority/respondent had taken actual physical possession of land pursuant to the notice issued under Section 11(5) of the Act 24 of 78.

(3.) Before we proceed to consider the contentions raised by the petitioner and the grounds of challenge to the impugned proceedings, we may note as a matter of fact that the land in question after having been acquired vested with the State free from all encumbrances and was allotted to the Rotary Club of Madras, fifth respondent herein and the said organisation has constructed an institution in the said property, which has been in existence for over a decade. The photographs of the Institution were produced before us. Thus, the land as on date is in actual physical possession of the fifth respondent and a fully functional education institution in the said land established by the Rotary Club for the benefit of the downtrodden.