S RAMAKRISHNAN REP BY POWER AGENT S JNANESHWAR Vs. SPECIAL COMMISSIONER AND COMMISSIONER OF URBAN LAND CEILING

JUDGEMENT

(1.) Introductory

(2.) The Power Agent of the land owner filed a writ petition in W.P.No.11205 of 2008 alleging that despite declaration under Section 9 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as the "Act"), his principal continued to remain in possession till the cut off date under the Repeal Act 20 of 1999. The appellant pleaded that he was not aware of the final declaration passed under Section 11 of the Act. It was only when the authorities made an attempt to take possession in 2008, the appellant came to know that the land ceiling proceedings culminated in passing a declaration.

(3.) The Assistant Commissioner (Urban Land Tax), Chennai, in his counter affidavit explained the proceedings taken by the competent authority under the Act. The Assistant Commissioner contended that after the conclusion of the proceedings, Notice under Section 11(5) of the Act was issued on 11 October, 1983. It was received by the land owner on 17 October, 1983. The possession of the land was taken over on 25 February, 1984. The urban land owner received the entire amount of compensation determined by the Authorised Officer. According to the Assistant Commissioner, there were no proceedings pending as on the date on which the Repeal Act 20 of 1999 came into force.