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2005 Supreme(Mad) 826

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA
Paul Sudhindran Priyadarshini Apartments - Appellant
Versus
The State of Tamiil Nadu & Others - Respondents
W.P.NO.17107 OF 1994
Decided On : 13 June 2005

Advocates Appeared:For The Petitioners:G. Anbumani, M/s.N.L. Rajah & T. Mohan, Advocates. For The Respondents:N.R.Chandran, Advocate General assisted by Ms.G. Kavitha, Govt. Advocate, R2, D. Veerasekaran, R4, K.A. Ravindran, R5, C. Ravichandran, Advocates.

Principles of natural justice require that notice of enquiry should be issued to them.

Headnote:Land Acquisition Act (I of 1894), Secs.4(1), 5-A and 6-Issuance of notification for acquisition of land-Impugned notification not containing names of purchasers of the land, because their names has not been recorded in revenue records-Held, notification not vitiated.

Judgment :-

The petitioner has prayed for issuing a writ of certiorarified mandamus for quashing the land acquisition proceedings as per G.O.Ms.No.88 dated 17.1.1989, followed by declaration under Section 6 as per G.O.Ms.No.488 dated 6.6.1990 so far as it relates to the land comprised in R.S.No.3189 to an extent of 19 grounds and 909 sq.ft., and R.S.No.3185/45 of an extent of 1 ground and 1708 sq.ft., in Block No.56, Purasawalkam Village, Purasawalkam, Perambur Taluk, Madras District and to forbear the respondents from interfering with the right of the petitioners in respect of the said land comprised in R.S.No.3189 and the access property in R.S.Nos.3185/45, 3185/46, 3185,59 and 3185/60.

2. Petitioner is the Secretary of the Priyadarshini Apartments Residents Welfare Association, a Society registered under the Societies Registration Act. Two officers of Reserve Bank of India, namely, J.W. Francis and S. Rajamanito floated a scheme to construct a residential complex for the employees of the Reserve Bank of India. The work of identifying the site, purchasing the same, constructing the residential complex, arranging for registration of undivided interest and all other incidental works were to be rendered by one Baskara Constructions, a partnership firm (hereinafter referred to as “the Promoters”). The Promoters identified suitable extent of land at Beracah Road, Kilpauk, belonging to nine persons appertaining to R.S.No.3189 measuring 19 grounds 909 sq.ft. and R.S.No.3185 measuring one ground 1708 sq.ft in 1987 and thereafter the respective undivided interest of various members of the Association were registered with the authorities. The Promoters also purchased an extent of 4 grounds appertaining to R.S.Nos.3185/45, 3185/46, 3185,59 and 3185/60 to provide access to the residential complex as the original proposed access was not found appropriate. Accordingly, the Promoters submitted a revised plan. Permission for demolition was granted on 31.10.1998 and the Corporation of Madras granted permission for construction in B.A.No.876/88-08916 dated 3.11.1998. In such application, R.S.Nos.3185/45, 3185/46, 3185,59 and 3185/60 were shown as the access land. From out of the funds invested by the members of the Association, Promoters paid Rs.1,59,500/- on 11.12.1987 and open space reservation charges of Rs.1,51,200/- was paid on the same day. The Reserve Bank of India has advanced loan to various employees (members of the Association). The construction activity was commenced by the Promoters in 1988 and by 1989 the ground floor on atleast 3 blocks out of the sanctioned 5 blocks were almost complete. Because of some internal dispute between the members of the Association and the promoters, possession was not handed over and ultimately, on the intervention of the State Consumer Redressal Commission, on the basis of a compromise, possession was delivered. During pendency of such dispute, it was disclosed by the promoters that W.P.No.7379 of 1990 has been filed by J.W. Francis, one of the Co-ordinators of the project, challenging Land Acquisition Proceeding. On behalf of the Association, a suit was also filed against the Promoters before the City Civil Court in O.S.No.9676 of 1993 seeking for permanent injunction restraining the Promoters from alienating the access property appertaining to R.S.Nos.3185/45, 3185/46, 3185,59 and 3185/60. In such suit, the Promoters filed a written statement and in such written statement they took the stand that the access property was the subject matter of the land acquisition proceedings. According to the petitioner, land acquisition notification under Section 4(1) does not relate to R.S.Nos.3185/45, 3185/46, 3185,59 and 3185/60. The Promoters also took the stand that the Housing Board had gifted the said property to the Corporation for being utilised as a road. While the matter stood thus, the members of the Association learnt from the Housing Board that the Housing Board is trying to take possession after the






































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