D. NAMACHIVAYAM AND ORS. Vs. THE SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ORS.

JUDGEMENT

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

(2.) THE petitioners further submit that after acquisition of their land in the year 1981, the Housing Board had not at all implemented any scheme for construction of houses in their land. The petitioners further submit that till date they are in possession of the said land and when they made written representation on 23.02.2009, requesting the Government to exclude their land from acquisition proceedings, the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem -8, was rejected without giving any valid reasons and in this connection, he issued a communication in Letter in Na.Ka. No. 89 of 2008.A, dated 16.12.2009. The petitioners further submit that since they are agriculturists they were not fully aware of the land acquisition proceedings as well as the provisions of the Land Acquisition Act and after consulting law knowing persons, then only they came to understand that they should ask for re -conveyance as they should make written representation under Section 48 -B of Land Acquisition Act instead of sending written representation for exclusion of their land from Land Acquisition Proceedings. The petitioners further submit that they came to understand that this Hon'ble Court as well as Hon'ble Supreme Court was pleased to pass orders with regard to re -conveyance of the land to the original owners on the ground that, if the Government or Housing Board has not implemented the housing scheme, i.e., construction of the houses for more than 15 years to 20 years, then the landowners can be entitled to get relief under the provisions of Land Acquisition Act, specifically under Section 48 -B of the Land Acquisition Act. Accordingly, they made written representations requesting the first respondent herein to re -convey the land under Section 48 -B of the Land Acquisition Act. The petitioners further submit that the first respondent is also aware that this Court was pleased to pass orders in the batch of Writ Appeals in W.A. Nos. 422 of 2011 etc., dated 14.09.2011 with regard to re -conveyance of land,

(3.) THE petitioners further submit that in the said circumstances, they made request before the first respondent to pass order under Section 48 -B of Land Acquisition Act for re -conveying their land situated in S. No. 82/1, Ayyamperumalpatti Village, Salem Taluk and District to the extent of 1.11.0 hectares of land to them. In this connection, they made written representation on 11.01.2013 and in that written representation, they expressed their readiness to pay whatever the necessary cost spent by the first respondent for acquisition proceedings. After receipt of the said representation, the third respondent who does not have any power or jurisdiction to reject their request as per Section 48 -B of Land Acquisition Act and only the Government alone, i.e., the first respondent herein is having power to pass orders under Section 48 -B of Land Acquisition Act. But, now the third respondent passed the impugned order in his Letter No. Ni.A.1/7337/79, dated 25.02.2013, whereby rejecting their request for reconveyance of the said land. Hence, the petitioners entreat the Court to allow the above writ petition.