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2009 Supreme(Mad) 4594
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
R.R. Nadham, Represented by Power of Attorney N. Chiranjeevi
Versus
State of Tamil Nadu, Rep.by Secretary to Government, Revenue Department, Chennai & Others
Writ Petition No.11334 of 2006
Decided On : 02-11-2009
For the Petitioner:Venkatachalapathy, Senior Counsel, M. Sriram, Advocate.
For the Respondents: V. Viswanathan, Addl. Govt. Pleader.
The main legal point established is that the possession of the land by the authorities and the validity of the proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978 and the Repeal Act.
Headnote:
Urban Land - Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978 - Section 2(n), Section 6(1), Section 9(i), Section 11(3), Section 12(7), Section 21(i)(a), Section 4 of the Repeal Act
Fact of the Case:
The petitioner owns lands in Thirumullaivoyal Village, which were treated as surplus under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978. The petitioner claimed exemption, but the authorities proceeded with acquisition and possession of the land.
Finding of the Court:
The court found that the possession of the land was taken by the authorities, and the proceedings were valid. The court dismissed the Writ Petition.
Issues: Validity of the proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978 and the Repeal Act.
Ratio Decidendi: The court held that the possession of the land was taken by the authorities, and the proceedings were valid. The court also found that Section 4 of the Repeal Act did not apply as no proceedings were pending before any authority on the date of commencement of the Repeal Act.
Final Decision: The Writ Petition was dismissed.
What is sought for in this Writ Petition by the petitioner is a Declaration, declaring that the entire proceedings, initiated by the respondents under the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978, finding that the petitioners land in Survey No.461/2A of Thirumullaivoyal Village, Poonamallee Sub-division of Chengalpet District under Patta No.227 to an extent of 1633 sq.metres in excess of the ceiling, have abated.
2. The facts are as follows :
2. 1. The petitioner owns lands in Survey No.461/2, 461/3 and 461/4 of Thirumullaivoyal Village, Poonamallee Sub-division of Chengalpet District under Patta No.227 to an extent of 4654.5 square metres and the said lands were originally cultivable lands. Due to urbanisation, the said lands were wrongly treated within the urban agglomeration as defined under Section 2 (n) of the erstwhile Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978 (in short, "the Act").
2. 2. The petitioner submitted a statement on 09.02.1976 under Section 6 (1) of the Act, in which it was brought out that the lands were cultivable lands and the Act had no application. The third respondent, without reference to the same, unilaterally proceeded to conduct an enquiry and started issuing notices. So, the petitioner, to get out of the Act, applied for exemption. Though the matter was prolonged under correspondence, simultaneous proceedings were taken to treat the land as surplus under the Act.
3. A Draft Notification under Section 9 (i) of the Act was made on 19.04.1978 and proceedings under Section 11 (3) were made under Notification No.1030/83, dated 310. 1983, declaring an extent of 1633 sq.metres in Survey No.461/2A, after assessing the ceiling limit for the petitioner, as excess, and the same was published in the Tamil Nadu Government Gazette, dated 211. 1983. The notice, fixing an enquiry under Section 12 (7), was also issued on 12.01.1984. An errata to the final statement under Section 10 (i), dated 210. 1981, was issued on 06.06.1983. The award enquiry was prolonged and the compensation amount was fixed under Section 12 (6) and the Notice of the order was issued on 23.02.1984. Thereafter, the amounts were kept under Revenue Deposit as the petitioner did not receive the award amount and as he did not appear for enquiry before the authorities periodically. Ultimately, in G.O.Ms.No.1485, Revenue, dated 111. 1986, the Government passed orders under Section 21 (i) (a), dismissing the petitioners application for exemption on the ground that the petitioner had not turned up for the enquiry and was not interested in establishing an industry in the land in question.
2. 4. Since the erstwhile Act had a specific provision of taking possession, the entries if any made in the Revenue records will have no effect, as physical possession has not been taken away by the authorities under the Act. The petitioner is in effective possession of the land and, therefore, the entire proceedings shall stand abated, in view of Section 4 of the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act,1999 (in short, "the Repeal Act"). Hence, the petitioner has filed this Writ Petition.
3. Respondents have filed a counter, stating as under :
1. The petitioner, who is an urban land owner, has filed the return under Section 6 (1) of the Tamil Nadu Urban Land (Ceiling and Regulation) Act,1978, on 012. 1976 for the land measuring 1.15 acres in S.No.461 of Thirumullaivoyal village. He also applied to the first respondent to grant exemption and enable him to retain the lands. The actual extent of land held by the petitioner was arrived at by the competent authority, namely, the second respondent as follows :
2. An extent of 2000 sq.mts. was allowed as entitlement for his family and 1000 sq.fts.as notional shares of two married sons. The net excess vacant land was arrived at 1654.5 sq.mts. The exemption request was rejected by the Government in Lr.No.40592/T1/78-4, Revenue Department, dated 18.08.1979, as the
