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Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE D. MURUGESAN & THE HONOURABLE MR. JUSTICE P. MURGESEN
C. Sankareswaran & Another
Versus
The Commissioner, Land Ceiling and Land Reforms, Chepauk, Chennai & Others
W.P.(MD) Nos.3536 of 2005 & 943 of 2006
Decided On :Decided on : 05-12-2006
Environment Protection - Land Acquisition - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Sections 18(1) - Summary: The court considered the ecological impact of granting pattas for lands acquired under the Tamil Nadu Land Reforms Act. It referenced various Supreme Court judgments emphasizing the need to protect the environment and natural resources, and held that the vacant forest land should be retained to maintain ecological balance.
Fact of the Case:
The petitioners, former and present Chairman of Bodinaickkanur Municipality, sought to prevent the grant of pattas for lands acquired under the Tamil Nadu Land Reforms Act, citing the ecological importance of the area as a water source and habitat for wild animals.
Finding of the Court:
The court found that the vacant forest land should be retained to maintain ecological balance and forbade the grant of pattas for the lands in question.
Issues: The main issue was whether the vacant forest land acquired under the Tamil Nadu Land Reforms Act should be granted pattas for agricultural use, considering its ecological significance.
Ratio Decidendi: The court relied on various Supreme Court judgments emphasizing the need to protect the environment and natural resources, and held that the vacant forest land should be retained to maintain ecological balance.
Final Decision: The court allowed the writ petitions and forbade the grant of pattas for the lands in question, emphasizing the need to preserve the ecological balance of the area.
D. Murugesan, J.
The petitioner in W.P.No.3536 of 2005 is the former Chairman and the petitioner in W.P.No.943 of 2006 is the present Chairman of Bodinaickkanur Municipality. They have approached this Court with the above writ petitions as pro bono publico seeking for a direction forbearing the respondents from granting the pattas in respect of the lands in Survey Nos.1079/1B, 1110/2, 1113/1B, 1185/1B, 1195, 1197, 1186 and in Survey Nos.1079, 1185, 1186, 1195, 1197 in Kottagudi village, Bodinayakkanoor Taluk, Theni District acquired under Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 to any person.
2. The writ petitions have been filed basically with the following averments Bodinaickkanur is a municipal town in Theni District and there are about one lakh people residing within the limits of Bodinaickkanur Municipality. The source of drinking water for the Bodinaickkanur town is Kottagudi river situate in the hills of top station panchayat 6000 feet above the Western Ghat in the border of Kerala State. The catchment area is the vast extent of forest land. The water gathered in Kottagudi river is stored at Kurangini and channelised through the pipeline for supply of drinking water to the town. As the respondents are contemplating to issue pattas in the lands in question to various individuals, the petitioners are constrained to approach this Court with the writ petitions.
3. Counter affidavits of the District Forest Officer, Theni District and the Commissioner of Land Reforms and the Assistant Commissioner of Land Reforms are filed.
4. We have heard Mr.M.Ajmal Khan, learned counsel appearing for the petitioner in W.P.No.3536 of 2005 and Mr.A.Rahul, learned counsel appearing for the petitioner in W.P.No.943 of 2006, Mr.R.Janakiramulu, the learned Special Government Pleader for the State, Mr.P.T.S.Narendravasan, the learned counsel appearing for the Municipality and Mr.R.Vijayakumar, the learned counsel appearing for the impleaded respondents.
5. An extent of 624.32 acres of land in Kottagudi village, Bodinaickkanur Taluk owned by M/s Tata Tea Private Limited, Kerala State was declared surplus and the said lands were acquired by the Government of Tamil Nadu by issuance of notification in G.O.Ms.No.584, Revenue (L.R1.2) dated 1.12.2003 under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Though the said company owned the said lands, it did not use the lands for tea plantation or for any agricultural or other purposes considering the fact that the lands are situate at a height of 6000 feet in the Western Ghat surrounded by thick forest. Though a major extent of the land is covered by forest trees, a small extent of land is lying vacant. It appears that the adjoining lands in Survey Nos.118-B were also notified as reserve forest under the Tamil Nadu Forest Act. In order to preserve the ecology and environment of the area, even the Government had not put the land into use for any other agricultural purpose.
6. In the counter affidavit of the Assistant Commissioner of Land Reforms, Madras it is stated that immediately after the acquisition, the Government decided to assign the said land to eligible persons and the notices were issued in Form-B inviting applications in Form-C of the Act on 9.2.2004. About 269 applications were received, out of which 185 applications were found to be eligible and the orders of assignment were issued on 18.2.2005 assigning 2.5 acres of land to each of the eligible persons. It is the contention of the Assistant Commissioner of Land Reforms, who inspected the lands along with the field staff, that the lands are lying vacant and even though the entire area is located in the hill track, there are no valuable trees in the surplus area, except in some area in Shola forest.
7. In the counter affidavit of the District Forest Officer, Theni Division, it is stated that the land in question lies in Kottagudi hills and there are many brooks and streams
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