JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. The State of Tamil Nadu and the officials in the Department of Urban Land Ceiling have come up with the above appeals challenging: (i) an order of the Division Bench of the Madras High Court dismissing an intra-court appeal and (ii) the subsequent order of the Division Bench refusing to condone the delay in seeking review of the original order.

2. We have heard Mr. Sanjay R. Hegde, learned senior counsel for the appellant-State, Mr. E.C. Agrawala, learned counsel appearing for the respondents and Capt. R. Balasubramanian, learned senior counsel for the party seeking intervention.

3. The Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (hereinafter referred to as the ‘Act’) came into force partly on 28.03.1978 and was deemed to have come into force partly on 03.08.1976. One Smt. Nagarathinam Ammal wife of Sambanda Mudaliar, residing at No. 29, Appu Mudali Street, Mylapore, Chennai, who owned two parcels of land, one measuring 2428 sq. mts. in Survey No. 279/2 and another measuring 7810 sq. mts. in Survey No. 279/5 in Kottivakkam Village, filed a return under Section 6(1) of the Act on 20.09.1976. Thereafter, she applied for exemption under Section 19 of the Act on 26.02.1977 in respect of the excess vacant land, but the Government turned down the request vide letter dated 10.01.1978.

4. A draft statement under Section 9(1) of the Act was prepared by the 3rd appellant, indicating that the total extent of vacant land owned/held by Nagarathinam Ammal was 10238 sq. mts. and that after deducting the ceiling area of 3500 sq. mts. she was required to surrender the excess vacant land of 6738 sq. mts. This draft statement under Section 9(1) was served on the owner along with a notice under Section 9(4) dated 07.04.1979. The said notice under Section 9(4) was received by Nagarathinam Ammal on 18.04.1979 and she filed a petition for reconsideration of the order of rejection regarding exemption on 16.05.1979. But the said petition was rejected on 06.11.1979 and orders were passed under Section 9(5) of the Act on 31.03.1980.

5. A final statement was issued under Section 10(1) of the Act on 01.04.1980, followed by notifications under Section 11(1) dated 09.05.1980 and Section 11(3) dated 03.10.1980. The notification under Section 11(1) was also published in the Tamil Nadu Government Gazette dated 21.05.1980 and Nagarathinam Ammal was directed to surrender or deliver vacant possession of excess land measuring 6750 sq. mts.

6. By a letter dated 11.11.1980 Nagarathinam Ammal intimated the 3rd appellant and the District Collector that she was surrendering the land and she requested for payment of compensation. Under a land delivery receipt dated 18.02.1981, Nagarathinam Ammal also handed over the possession.

7. Thereafter, a notice dated 03.03.1981 under Section 12(7) was issued to her, calling upon her to appear for an enquiry to show the share of the compensation payable to her under Section 12. It appears that as per the scheme of the Act, the compensation was determined and paid to Nagarathinam Ammal in 15 instalments.

8. The Government then issued an order in G.O.Ms. No. 147 Revenue dated 25.01.1982 allotting the excess vacant land of 6750 sq. mts. to the Madras Snake Park Trust (hereinafter referred to as the ‘Trust’) with a mandate that the Trust should develop a snake park on modern lines within two years. The Collector of Chengalpattu, was directed to handover physical possession to the trust and the Trust was called upon to pay a sum of Rs. 2,90,000/-.

9. It appears that after several extentions of time to the Trust, the Trust surrendered the land back to the Government on the ground that they were unable to carry out the desired objective. Upon coming to know of the surrender of the land, the Principal Chief Conservator of Forests requested the Government by a letter dated 02.09.1998 to allot the land to the Forest Department in view of the fact that the original allottee, namely the Trust, was actua