S LAKSHMI PRABHA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in all these writ petitions were land owners and their lands were taken over by the respondent Bharat Heavy Electricals Ltd. [for short, 'BHEL'], which is wholly owned by the Central Government. THE said Company has a Boiler Auxiliaries Project (BAP) at Ranipet. In order to locate the plant at Ranipet, 1389 acres of land were acquired in and around the villages of Narasingapuram, Mukundarayapuram, Sikkarajapuram and Vadakkal in Ranipet Taluk, North Arcot District.

(2.) THE first respondent State Government acquired these lands by G.O. Ms. No. 81 Industries Department dated 27.01.1981. In this G.O., the Government had promised job guarantee for the land losers. It is necessary to reproduce the said G.O. since the petitioners relied heavily upon the said G.O. for enforcing their rights. "In the Government Order read above, the Government have ordered the Acquisition of an extent of about 1400 acres of land in the village of Narasingapuram, Mukundarayapuram, Sikkarajapuram and Vadakkal of North Arcot District for putting up the Boiler Auxiliaries Plant of Bharath Heavy Electricals Limited. In paragraph 4 of the said Government Order it was indicated that the Government would take a decision on the question of bearing the cost of the land on getting a report from the Collector, North Arcot District. 2. THE Collector, North Arcot District has now reported that based on the sales statistics relating to the period prior to December 1979, the average cost of wet lands is about Rs.6,000/- per acre and the cost of dry lands with irrigation facility is about Rs.5,000/- per acre and that the enhancement of the land value cannot be ruled out altogether.

(3.) IT is stated by the respondent BHEL in their counter affidavit dated 12.12.2007 filed in W.P. No. 27920 of 2007 that by the year 1984, 300 persons were given employment pursuant to the G.O. issued by the Government. The process was continued over the years and by June 1991, all 548 eligible persons were given employment.