M SANGAMESWARAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, the writ petitions are taken up for final disposal.

(2.) PRAYER in the writ petitions are to quash the orders dated 13.12.2006 and 14.12.2006 respectively, passed by the first respondent and direct the respondents to reconvey and retransfer their respective lands at Vilankurichi Village, Coimbatore North Taluk, Coimbatore District, under section 48B of the Land Acquisition Act, 1894 as amended, in favour of the petitioners concerned.

(3.) ACCORDING to the petitioners, as per section 16B of the Land Acquisition Act, 1894, the first respondent has got power to forfeit the land if it is satisfied that the subject matter of the acquisition for public purpose stands unutilized, which shall thereafter vest with the Government or Revenue Department free from all encumbrances, under section 48B the first respondent has got power to reconvey the land. The lands acquired from the petitioners having not been utilized and the petitioners having given their consent to return the compensation amount already received, they claimed that they have got right for reconveyance. However, the first respondent passed the impugned order dated 13.12.2007 and rejected the request of the petitioners by stating that the lands for which the reconveyance is sought for, situate in the center of the Scheme and it can be utilized for approach road and therefore as per the second respondent, the said lands are in need for its combined Housing Scheme and therefore the request of the petitioners for reconveyance is not feasible of compliance.