DHARMALINGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The lands belonging to the petitioners comprised in various survey numbers at Madhavaram village, Ambattur Taluk, Chengalput District were acquired by the Tamil Nadu Government for the purpose of organising a truck and bus terminal by the Chennai Metropolitan Development Authority, Chennai (formerly Madras Metropolitan Development Authority and hereinafter referred to as "the CMDA"). Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued by the Government in G.O.Ms.No.306, Housing and Urban Development Department, dated 27.03.1985 and Declaration under Section 6 of the Act was made in G.O.Ms.No.196, Housing and Urban Development Department, dated 07.02.1986. The land acquisition proceedings were challenged in W.P.No.547 of 1986 and the same was allowed by a learned Single Judge of this Court on 21.06.1996. The Writ Appeal Nos.785 to 789 of 1996 preferred against the said order by the Government were allowed on 09.07.2002. According to the respondents, possession was taken and thus the lands have vested with the Government. Out of the total extent of 80.92 Acres of land acquired by the Government, 64.80 Acres of land was utilised for the purpose for which it was acquired. The remaining area of 16.12 Acres of land was not utilised. Out of the same, the very acquisition in respect of 5.06 Acres of land is under challenge before this Court in Writ Petition and therefore, the said area could not be utilised. The remaining area of 11.06 Acres of land is still kept unutilized for the purpose for which it was acquired. Seeking reconveyance of the said land, the petitioners who are the erstwhile owners of the same made representation on 02.07.2006 to the Government. The same was not considered by the Government. Therefore, they filed W.P.Nos.22370 to 22377 of 2006 before this Court praying for appropriate direction. By a common order , dated 14.07.2006, this Court directed the Government to dispose of the said representation and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of the order. However, this Court did not express any opinion regarding the merits of the claim made by the petitioners. On 26.09.2006, the petitioners made yet another representation. Finally, the 1st respondent under Letter No.22014/UD3(1)/2006-3, dated 23.10.2006 rejected the claim of the petitioners on the ground that the lands had already been taken possession by the CMDA and it had been proposed to allot the land to The Madras Gunny Bag Merchants' Association (hereinafter referred to as "the 4th respondent Association"). Challenging the said order, the petitioners have come forward with these writ petitions.

(2.) Since common grounds have been raised, all these writ petitions were heard together and they are disposed of by means of this common order.

(3.) The main contentions of the petitioners are as follows:-