Reconveyance of acquired land cannot be done without the consent of the land owners, as the land vests with the Government free from all encumbrances under Section 5 of the Act. The provisions of Section 48-B of the Central Act were discussed, emphasizing that reconveyance can only be done by mutual agreement between the original owner and the Government.

The writ petition has been filed seeking to quash the G.O.Ms.No.123, Adi Dravidar and Tribal Welfare Department dated 010. 2004 relating to Lands in Survey No.589/3A5 of an extent of 19. 5 hectares and Survey No.578/1A1 of an extent of 0.10.5 totalling to 30. 00 hectares in Karungalakkudi village, Melur Taluk, Madurai District.

2. Four petitioners are the absolute owners of property which was subjected to acquisition under Section 4(1) of the Acquisition of Lands for Harijan Welfare Schemes Act 31 of 1978. The said Notification under Section 4(1) was published in Government Gazette on 16.02.2000. The third respondent, the Special Tahsildar (Land Acquisition) issued notice for determination of compensation to be awarded for the land acquired as aforesaid. The third respondent fixed certain amount as compensation, which was totally determined in a sum of Rs.7,96,760/-Aggrieved by the said determination, the petitioners have preferred appeals in L.A.C.M.A.Nos.13 to 16 of 2000 on the file of the learned III Additional Subordinate Judge, Madurai and the same were disposed off by a common order dated 30.09.2003 enhancing the compensation. Aggrieved over the enhancement, the third respondent, the Special Tahsildar (Land Acquisition) preferred second appeals in S.A.Nos.1045 to 1048 of 2004 and they are pending before the Madurai Bench of Madras High Court.

3. In the meanwhile, on 010. 2004, the Government issued G.o.Ms.No.123, Adi-Dravidar and Tribal Welfare Department, calling upon the District Collector to re-convey or hand over the acquired property back to the owner after recovering the sum of Rs.7,96,760/- from the land owners. This Government Order is under challenge in this writ petition stating that without the agreement between the land owners and the Government, the acquired property cannot be reconveyed. The petitioners are challenging the said Government Order on the ground that the lands have been acquired under section 4(1) of the Act and in view of Section 5 of the Act 31 of 1978, whereby on acquisition, the land vests with the Government absolutely and there being no consent given by the land owners, the Government cannot force the land owners/petitioners to take back the property.

4. The Additional Advocate General relying upon the counter affidavit stated that the land in question was acquired in an improper manner by the authorities and the value fixed was very high. Possession of the land was not taken and it is not put to use for the purpose for which it was acquired and therefore, relying on the provisions of Section 4 (1) of the Central Act as applicable to the State of Tamil nadu and the provisions of Section 48-B of the Land Acquisition Act (Central Act) it is stated that since possession has not been taken over, the Government has got the power to reconvey the property to the land owners.

5. Section 4 (1) and Section 5 of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act 1978 (Tamil Nadu Act 31 of 1978) reads as follows:

"4.Power to acquire land: (1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme , it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this Section."

5. Land Acquired to vest in Government free from all encumbrances: When a notice under sub section (1) of Section 4 is published in the District Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published ,vest absolutely in the Government free from all encumbrances."

6. On a plain reading of Section 5, it is clear that where a notification is issued under Section 4(1) of the Act, the land acquired vests with the Government free from all encumbrances. Therefore, it does not lie in the mouth of the government to say that possession was not taken or that the land was not used for the purpose f