VEENUS STUDIOS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the owner of an Urban Land of an extent of 22526 sq. metres in Survey No. 1553/1 Mylapore Village, which comprises of buildings also. After the advent of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter called as the "Act"), an order was passed by the Competent Authority (the third respondent herein) on 31.5.1990, declaring a portion of the land as an excess vacant land. On an appeal filed by the petitioner, the second respondent passed an order dated 30.11.1990, setting aside the order of the third respondent and remitting the matter back to the third respondent for passing fresh orders under Section 9(5) of the Act.

(2.) THEREAFTER, the respondent passed a fresh order on 27.2.1991 under Section 9(5) of the said Act, declaring 1360 sq.metres of land as excess vacant land.

(3.) IT is an undisputed legal position that by virtue of Section 4 of the Repealing Act No. 20 of 1999, all proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of the Repealing Act, before any Court, Tribunal or any Authority shall abate. IT cannot also be disputed that once the possession of the lands in question had not been taken over by the Government as on the date of coming into effect of the Repealing Act, it cannot be taken over thereafter by the Government.