L K BABURAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in the above petitions were aggrieved by the order of the competent authority & Special District Revenue Officer(LA) National Highways Scheme, Kanchipuram in proceedings No.Rc.No.466/2005/NH dated 28.12.2006 and the consequential letter in Rc.No.466/2005/NH dated 30.07.2007. THE said proceedings are challenged in these writ petitions on the ground that the compensation determined is contrary to the established Rules and the legal Principles in respect of the petitioners land.

(2.) ACCORDING to the petitioners, they purchased lands as above mentioned under registered sale deeds. The predecessors-in-title of the petitioners owned the said lands among larger extent of land in the said Survey numbers, ever since 1944 and the said lands have always been treated as private gramma natham lands in occupation of private individuals. Pursuant to the sale deeds executed in favour of the petitioners, the concerned authorities also issued a Town Survey Field Register, indicating the names of the petitioners as the registered holders of the lands in the survey numbers concerned and classifying the land as Gramma Natham and have also issued an enjoyment certificate in favour for the same. ACCORDING to the petitioners, the Revenue Department, Government of Tamil Nadu has been issuing various G.Os for effecting settlement of natham sites or village sites used for non-agricultural purpose in the entire area of Tamil Nadu, except the area of Old Madras City and for issuance of patta to the respective owners/occupiers. The Government of Tamil Nadu issued G.O.Ms.NO.1971, Revenue dated 14.10.1988, whereby it has been specifically mentioned that all private holdings in natham areas and agricultural lands set apart for dwelling purposes will be registered as 'manai'. The said G.O., specifically states that the lands in natham areas in respect of which the occupants have established their right of ownership, will be subdivided and pattas issued in their respective names. That G.O., further states that the Special Tahsildar in the respective areas will take up each holding as a Special case and issue notices to the owners as indicated in the land register for personal hearing. It is specifically mentioned in the G.O., that in case no settlement order has been issued by the Revenue Department, the Special Tahsildar will decide the ownership of the property on the basis of enjoyment for 30 years prior to the date of publication of the G.O. For the said prupose, oral and documentary evidence was to be taken and the Special Tahsildar was to pass a speaking order in each case. The said G.O., requires issuance of rough patta to be served through the Village Administrative Officer and objections on the rough patta and a hearing thereof. This was followed by another government notification dated 1.3.2007, reiterating all that was mentioned in the above G.O.,

(3.) HEARD Mr.Parthasarathy, learned counsel for the petitioners; Mr.P.Wilson, learned Assistant Solicitor General appearing for the first respondent and Mr.V.Manoharan, learned Government Advocate for the second respondent.