R. REVATHY Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT AND ORS.

JUDGEMENT

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

(2.) THE petitioner states that in the meanwhile the Government of Tamilnadu had notified for acquiring the said land for the Thiruvottiyur Municipality for the purpose of bore well water supply to the village of Thiruvottiyur and the entire procedure of acquisition was completed and an Award has been passed by the land acquisition Tahsildar on 14.04.1964 for Rs. 1,53,255.91. Subsequent to the acquisition only a part of land was utilized for the purpose for which the land was acquired.

(3.) SHE states that as per the Tamil Nadu Government Gazette extraordinary publishes section 48 -B of the Land Acquisition Act enabling the Government for the reconveyance of lands that are acquired by the Government back to the original owners if the lands are not utilized for the purpose acquired for or any other public Convenience Act has been passed with retrospective effect. She further states that even now the land is lying idle and respondent Municipality has not put up any building or not used for any other public purpose. A portion of the land is used for road and hence the present area available is only 12.6 acres. They have also made an application under Section 48 -B of the Land Acquisition Act to the Government requesting the Government is reconvey the lands in question as the same was not used for the purpose for the last 43 years. They also agreed to pay the amount awarded with reasonable interest thereon.