STATE Vs. NARENDRA DAIRY FARMS P LTD

JUDGEMENT

(1.) These Writ Appeals haw been preferred by the State of Tamil Nadu and two others against the Common Judgement in W. P. Nos. 119 and 120 of 1974 allowing the writ petitions filed by the respondents herein praying for the issue of a writ of certiorari to quash a notification published under S.18(1) of the Tamil Nadu Land Reforms Act, 196t (hereinafter referred to as the 'Land Ceilings Act') and for the issue of a Writ of mandamus to proceed with the acquisition of the lands, of an extent of 411.04 acres already notified, under the provisions of the Land Acquisition Act, 1894.

(2.) The circumstances giving rise to the writ appeals are as under : The first respondent in these appeals is a Private Limited Company, of which the second respondent is the Managing Director, Large extents of land situate in the villages of Andipatti, Pudhachehu, Balasamudram and A. Kalayamputthur were owned by the respondents. We are concerned in these appeals with the extent of 253.31 acres in Balasamudram village and 157.73 acres in Pudhachehu village, which formed part of lands owned by the respondents. Consequent upon the introduction of the Land Ceilings Act, 1961, the respondents applied for and obtained permission from the Land Board for the retention of an extent of 1719-42 acres for the purpose of dairy farming and livestock breedings. The Land Ceilinga Act came to be subsequently amended by Amending Act 17 of 1970; which came into force on 15-21970 and was also published in the Gazette on 23-6-1970 and the notified date for the purpose of S.8(1) of the Land Ceiling Act was fixed as 2-10-1970 and there was a reduction in the ceiling area from a0 standard acres to 15 standard acres. By proceedings in B. P. No. 199 dt. 16-11-1970, the Land Board revoked the permission granted to the respondents to retain an extent of 721.45 acres for dairy farming and livestock breeding on the ground that the respondents had raised paddy and other crops, contrary to the terms of the permission granted by the Land Board. This led to the filing of W. P. No. 2375 of 1971 and the obtaining of an order of injunction in W. M. P. No. 3633 of 1971 dt. 31-8-1971 restraining the taking of possession of an extent of 721.45 acres, in respect of which permission was revoked. By yet another communication in proceedings No. 447/LB/71-2 dt. 6-3-1972, the respondents were called upon by the Land Board to show cause why the permission for the retention of an extent of 527.49 acres granted already should not also be revoked. The respondents thereupon filed another writ petition in W. P. No. 992 of 1972 and obtained orders of injunction with reference to this extent also. Subsequently by amending Act 39 of 1972 the Land Ceiling Act was amended and the date of commencement of the Act occurring in S.3(11) of the principal Act was stated to be 1-3-1972. This Act was published in the Gazette on 21-12-1972 and the notified date for the purpose of S.8(1) of the Land Ceilings Act was to be a date later to the publication in the Gazette. Owing to the omission in the amending Act of Ss.13(1)(ii), 26, 27, 28 and 73(x) of the principal Act, the exemption granted in favour of the respondents for the retention of the lands for the purpose of dairy farming or livestock breedings, was no longer available. Consequent upon the introduction of the aforesaid amendments in the Land Ceilings Act deleting the exemption provisions, W. P. No. 2375 of 1971 and W. P. No. 992 of 1972 filed on the basis of the exemption clause in the Land Ceilings Act, as it originally stood, were dismissed as having become infructuous on 19-3-1973 and 17-31973, respectively. Purporting to act under the provisions of the Land Ceilings Act, as subsequently amended, a draft statement was published under S.10(1) of the and Ceilings Act, proposing to declare an extent of 721.45 acres as surplus. Thereupon, the respondents herein filed W. P. No. 2867 of 1973, which was entertained and interim stay of further proceedings was also granted.

(3.) Meanwhile, in G. O. Ms. No. 2009, Public Works Department, dt. 6-10-1970, the State formulated and sanctioned an irrigation scheme known as 'The Palar-Porunthalar Dam Scheme'. In that connection, the Government decided to acquire the lands belonging to the respondents in Balasamudram and Pudhachehu villages. In accordance with the decision to so acquire the lands for that irrigation project, the Executive Engineer, Public Works Department, Palani Division, entered upon a total extent of 5.99 acres situate in S. Nos. 407/1, 409 and 410 in Pudhachehu village on 23-12-1971 and 1-3-1972 and started construction of the Dam. By a communication dt. NA. KA.11862 dt. 6-5-1972, the Talisildar, Palani, informed the respondents that as the Public Works Department had entered upon the aforesaid lands, the respondents show not cultivate those lands. Owing to the taking of possession of the extent of land as aforesaid and the commencement of the work relating to the Dam, the lands situate behind the Dam site became inaccessible, according to the respondents, and an extent of 253.31 acres in Balasamudram village and 157.73 acres in Pudhachehu villages are submerged under water and those lands were virtually taken over by the Public Works Department. By a series of notifications under S.4(1) of the Land Acquisition Act, dt. 4-4-1972, 12-4-1972, 10-5-1972 and 3-5-1972 and 3-10-1972 the Government notified their intention to acquire an extent of about 412 acres of land in Balasamudram and Pudhachehu villages belonging to the respondents herein for the purpose of providing water spread area for Palar-Porunthalar Dam. After the issue of enquiry notices to the respondents under S.5A of the Land Acquisition Act, an enquiry was held, at which the respondents appeared before the concerned Land Acquisition Officer and gave statements agreeing to the acquisition of the lands proposed to be acquired and praying for payment of fair and adequate compensation. According to the respondents, the further steps under the Land Acquisition Act were not pursued; but instead, a draft statement under S.10(1) of the Land Ceilings Act was published on 25-4-1973 proposing to declare an extent of 721.45 acres belonging to the respondents as surplus. By means of another notification dt. 15-8-1973, another draft statement was published proposing to declare a further extent of 954.44 acres as surplus. On objections being raised by the respondents to the draft statements, an enquiry was held and it was-proposed to issue a final statement granting exemption in respect of an extent of 32.17 acres and excluding an extent of 60 acres to be retained by the respondents and to declare an extent of 1643.72 acres as surplus. A statement under S.12 of the Land Ceilings Act was published in the Gazette on 19-12-1973 with a slight modification, in that, the respondents were allowed to retain 54 acres, being the equivalent of 15 standard acres and the surplus extent shown as 1649.72 acres. In this extent of 1649.72 acres proposed to be treated as surplus, is included the extent of 411 acres, regarding which the Government had already taken proceedings under S.4(1) of the Land Acquisition Act and had also conducted an enquiry under S.5-A of that Act. Even out of this, an extent of 230.09 acres was the subject matter of the cancellation of the permission earlier granted by the Land Board, with reference to a total extent of 721.45 acres and the rest was not in any manner affected by the cancellation order.