R C PAUL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking for the relief of writ of mandamus to direct the respondents to withdraw the acquisition of 10.5 acres of land belonging to the petitioner comprised in S.Nos.64/2, 67/4, 67/6, 67/8, 70/17, 80/2, 80/3, 80/5, 90/2, 90/3 and 65/2 of Narasingapuram Village, Wallajah Taluk, Vellore District of which possession has been taken.

(2.) IT is the case of the petitioner that a total of 10.5 acres of land comprised in the Survey Numbers referred to above in Narasingapuram village, Wallajah Taluk, Vellore District belonging to him and his family. When the said lands were acquired for Bharat Heavy Electricals Limited (BHEL), Ranipet, the petitioner questioned the land acquisition proceedings by filing W.P.Nos.1566 of 1982 and 7209 of 1982 and the said writ petitions were dismissed. He also preferred W.A.Nos.702 of 1983 and 8 of 1984 and they were admitted and interim injunction was granted to protect his possession of the property. IT is also stated by the petitioner that the District Collector called the petitioner and requested him to agree for acquisition on certain terms. The District Collector after contacting the General Manager, BHEL, the 5th respondent, requested the petitioner to withdraw the writ appeals on the understanding that the petitioner's family grave yard would be fenced and the keys would be handed over to the petitioner and 2.5 acres of land adjacent to the Harijan Colony would be given to the petitioner and jobs would be provided to the children of the petitioner as per rules. The petitioner accordingly withdrew the cases filed before the High Court. After withdrawing the writ appeals, the petitioner wrote a letter dated 5.2.1996 addressed to the District Collector. On 14.10.1985, the petitioner also addressed a letter to the 2nd respondent. IT is his specific case that the petitioner withdrew the writ appeals on the above said understanding only but the 5th respondent /BHEL did not honour the commitment. However, the petitioner requested the Government to withdraw the acquisition proceedings. In reply to that, the Government also sent a letter dated 1.4.1983 stating that the matter was under consideration of the Industries Department. Therefore, the petitioner has stated that since the lands acquired for the purpose of the BHEL had not been utilised by the BHEL, he has filed this writ petition for the above said relief.

(3.) THEREFORE, the contention of respondents 1 to 4 is that the lands acquired are utilised for the present and future needs of the BHEL and the petitioner cannot seek any direction to withdraw the impugned acquisition proceedings.