RAAGAA GOVERNMENT OFFICERS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent/Housing Board for fixing the cost of the plot allotted to the members of the petitioner at the rate of Rs.4,25,000/- per ground.

(2.) According to the petitioner, originally an extent of 4711 sq.mts of lands in Survey Nos.60/2, 60/4 and 24/2 of Kodambakkam Village, was allotted to the TamilNadu Housing Board for construction of flats and for allotment to Government Officers, including All India Service Officers on collection of " single market value", in and by its order in G.O.Ms.No.1017 dated 26.06.1989. As per the condition of the allotment, the Tamil Nadu Housing Board shall pay the single market value of the land, and the District Collector was directed to hand over possession to the TamilNadu Housing Board on remittance of single market value as land value. Thereafter, TamilNadu Housing Board developed 60 apartments in the above land and allotted to the members of the petitioner Association on lease cum sale basis in the year 1983, fixing the tentative selling price from Rs.361400 to 465500/- depending upon the size of the house, payable on the monthly instalments, and the monthly instalment also fixed accordingly. For fixing the final cost of the land allotted to the Housing Board, the Housing Board requested the District collector, Chennai, to make a suitable representation to the Commissioner of Land Administration(CLA) regarding the Market value of the property to fix the final cost. Based on that the Commissioner of Land Administration sent a recommendation to the Government fixing the guideline value at the rate of Rs.4,25,000/- per ground. After considering the recommendation made by the Commissioner of Land Administration, Government directed the Commissioner of Land Administration to fix the market value as on 1989, along with 12% interest.

(3.) In the meantime, the Tahsildar, Mambalam-Guindy Taluk also sent a recommendation to the District Collect, to fix the market value at Rs.1,20,000/- based on the market value prevailing on the date of allotment. Considering the above request, the District Collector, Chennai, by a proceeding dated 21.02.0206, sent a representation to the Commissioner of Land Administration to fix the market value at the rate of Rs.1,44,000/- considering the market value and improvements to be made in the land. After considering the Collector's recommendation, the Commissioner of Land Administration, sent a recommendation to the Government by a proceeding dated 15.03.2006, fixing the market value at the rate of Rs.4,25,000/- per ground along with compound interest .