S SATHYANARAYANAN Vs. GOVT OF TAMIL NADU; DISTRICT COLLECTOR, KANCHIPURAM DISTRICT; SPECIAL TAHSILDAR (LAND ACQUISITION); MEMBER SECRETARY, CMDA

JUDGEMENT

(1.) By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

(2.) The petitioner's father purchased the property comprised in Survey Nos.540/3A to an extent of 48 cents and 540/3B to an extent of 46 cents situated at Thirukatchur Village, Chengalpet Taluk, Kanchipuram District (formerly Chengalpet District) by virtue of sale deed dated 03.12.2007. The said property was settled in favour of the petitioner by virtue of settlement deed dated 22.06.2010 and as on date, he is the owner of the property. The petitioner has come before this Court challenging G.O.Ms.No.134 Housing & Urban Development dated 23.04.1998 withdrawing the exemption granted under G.O.Ms.No.497 dated 23.03.1987 from the land acquisition proceedings initiated by the authorities.

(3.) An extent of 94.27 acres of land was acquired by the Government, by issuance of 4 (1) notification dated 22.11.1979 for the purpose of development of new satellite town known as Maraimalai Nagar Scheme. The petitioner's land was also acquired for the said purpose. Section 6 notification was issued on 28.08.1982 by the Government and the Special Tahsildar (Land Acquisition) passed an award on 19.09.1986 bearing No.13 of 1986, under Section 11 of the Land Acquisition Act for acquiring an extent of 94.27 acres notified under Section 4 & 6 of the Land Acquisition Act. The Government of Tamil Nadu, by G.O.Ms.No.497 Housing & Urban Development Department dated 23.03.1987, recommended exclusion of various survey numbers as they were agricultural lands and Survey Nos.540/3A & 540/3B, now belonging to the petitioner was also included in the said exclusion. However, for the reasons best known to the respondents, by virtue of issuance of G.O.Ms.No.134 Housing & Urban Development Department dated 23.04.1998, the order passed in G.O.Ms.No.497 Housing & Urban Development Department dated 23.03.1987 excluding 25.92 acres of land from the land acquisition proceedings was cancelled.