A JENASENAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above writ appeal is directed against the order of the learned single Judge dated 01. 08. 2003 made in W. P. No. 3036 of 2002, in so far as directing the writ petitioner (appellant herein) to proceed with pending the reference and claim compensation for 0. 14. 0 hectares of land.

(2.) FOR convenience, we shall refer the parties as arrayed before the learned single Judge.

(3.) ACCORDING to the petitioner, he owned total extent of lands namely 1 acre 10 cents in Survey Nos. 346/3c 1b, 346/3c 2b, 346/3c 3b, 346/3c 4b, 346/3c 5b, 346/3b 2, 345/1b, 345/2b, 344/2b 1, 344/2a 2, 350/4b and 343/1a 1a2, out of which an extent of 0. 44. 0 hectares is sought to be acquired under the Land Acquisition Act, 1894 (Central Act ). The said acquisition was initiated for the purpose of formation of an approach road to a bridge proposed to have been constructed in the year 1997-98 across Palar river. Since the proposed acquisition affects the right of enjoyment of the entire lands inasmuch as such portion runs in a cross manner through his lands, thereby rendering the rest of the lands being unused, he made an offer for exchange of Government poramboke lands, which lie vacant for a long number of years, taking into account the continuity of the lands and their future use. The Government poramboke land is situated adjacent to his lands. There has been no income from and out of the said poramboke lands. Highlighting all these aspects, the petitioner sent a detailed letter to the District Collector reiterating his offer of exchange of Kuttai poramboke lands, setting out the feasibility for such exchange. Pursuant to such request, the second respondent the Revenue Divisional Officer, Kancheepuram issued the impugned communication dated 3/1/2002 stating that they are not in a position to accede for exchange of lands. In view of the communication of the second respondent, the petitioner has approached this Court for necessary relief.