2014 (2) CTC 11
High Court of Judicature at Madras
V. DHANAPALAN, J.
G. Chitra
Versus
The Government of Tamil Nadu & Others
W.P. Nos. 27738, 27739 & 27740 of 2012
Decided On : 21-02-2014
LAND ACQUISITION ACT - SECTION 4(1) NOTIFICATION - SUBSTANCE OF NOTIFICATION NOT PUBLISHED IN WIDELY CIRCULATED NEWSPAPERS - LOCAL PUBLICATION NOT MADE AS PER RULE 2 OF LAND ACQUISITION RULES - APPROPRIATE GOVERNMENT NOT PASSING ANY FINAL ORDER UNDER SECTION 5A OF THE ACT - SECTION 6 DECLARATIONS MADE ON A DEAD PERSON - AWARDS PASSED WITHOUT IMPLEADING LEGAL HEIRS OF DECEASED LAND OWNER - PROCEEDINGS QUASHED - MATTER REMITTED BACK TO RESPONDENTS TO INITIATE ACQUISITION PROCEEDINGS AFRESH.
Fact of the Case:
Petitioner challenged the Notifications under Section 4 (1) of the Land Acquisition Act, Declarations under Section 6 and the Awards in Nos.2 of 1994, 1 of 1995 and 5 of 1997. The lands comprised in Survey Number 410/1, admeasuring an extent of 2.79.0 Hectares in Vilankurichi Village, Coimbatore District originally belonged to her father namely, Mr. G. Govindaswamy Naidu, by virtue of a registered partition deed, dated 09.12.1959, vide Doc.No.7088 of 1959. Her father, during his life time, executed a registered Will dated 29.01.1988 in Doc.No.38 of 1988, thereby bequeathing the entire properties in her favour and creating a life estate in favour of her mother, Prema Govindaswamy her father died on 15.05.1992 and is survived by her and her mother. After the demise of her father, the above said Will came into force and the petitioner derived the title over the property by virtue of the Will. However, due to uncertainty and vagueness of the terms of the Will, the petitioner filed a Civil Suit in O.S.No.797 of 2001 on the file of District Munsif, Coimbatore, against her mother for the relief of Declaration that she has got absolute right over the properties of her deceased father Mr. G. Govindaswamy Naidu, subject to life interest in favour of her mother as per the Will, dated 29.01.1988. The Suit filed by her was decreed on 26.09.2001 and she became the absolute owner of the above mentioned properties and other properties of her deceased father and is in absolute possession and peaceful enjoyment of the property.
Finding of the Court:
The court held that the proceedings under Section 6 and the Awards in Nos.2/1994, 1/1995 and 5/1997 are quashed in so far as the interest of the petitioner alone and the apportionment thereon. The matter is remitted back to the respondents to initiate the acquisition proceedings afresh in respect of the lands of the petitioner alone, after following due process of law.
Issues: 1. Whether the substance of Section 4(1) notification was published in widely circulated newspapers? 2. Whether local publication was made as per Rule 2 of Land Acquisition Rules? 3. Whether the appropriate Government passed any final order under Section 5A of the Act? 4. Whether Section 6 Declarations were made on a dead person? 5. Whether awards were passed without impleading legal heirs of deceased land owner?
Ratio Decidendi: 1. The substance of Section 4(1) notification was not published in widely circulated newspapers. 2. Local publication was not made as per Rule 2 of Land Acquisition Rules. 3. The appropriate Government did not pass any final order under Section 5A of the Act. 4. Section 6 Declarations were made on a dead person. 5. Awards were passed without impleading legal heirs of deceased land owner.
Final Decision: Writ Petitions are allowed in part. No costs.
1. The petitioner has filed these Writ Petitions, challenging the Notifications under Section 4 (1) of the Land Acquisition Act, Declarations under Section 6 and the Awards in Nos.2 of 1994, 1 of 1995 and 5 of 1997.
2. Since all these three Writ Petitions involve one and the same issue, they are being disposed of in common.
3. The facts put forth by the petitioner in the affidavit, would run thus :
3.1. The lands comprised in Survey Number 410/1, admeasuring an extent of 2.79.0 Hectares in Vilankurichi Village, Coimbatore District originally belonged to her father namely, Mr. G. Govindaswamy Naidu, by virtue of a registered partition deed, dated 09.12.1959, vide Doc.No.7088 of 1959. Her father, during his life time, executed a registered Will dated 29.01.1988 in Doc.No.38 of 1988, thereby bequeathing the entire properties in her favour and creating a life estate in favour of her mother, Prema Govindaswamy her father died on 15.05.1992 and is survived by her and her mother. After the demise of her father, the above said Will came into force and the petitioner derived the title over the property by virtue of the Will. However, due to uncertainty and vagueness of the terms of the Will, the petitioner filed a Civil Suit in O.S.No.797 of 2001 on the file of District Munsif, Coimbatore, against her mother for the relief of Declaration that she has got absolute right over the properties of her deceased father Mr. G. Govindaswamy Naidu, subject to life interest in favour of her mother as per the Will, dated 29.01.1988. The Suit filed by her was decreed on 26.09.2001 and she became the absolute owner of the above mentioned properties and other properties of her deceased father and is in absolute possession and peaceful enjoyment of the property.
3.2. Her deceased father had no knowledge about the land acquisition proceedings initiated by the respondents on account of their blatant illegalities in acquiring the lands. Simultaneously, land reforms proceedings had been initiated under the Tamil Nadu Land Reforms (FCL) Act, 1961 against the holdings of her deceased father. Pursuant to the direction issued by the Tamil Nadu Land Reforms Special Appellate Tribunal dated 13.06.1994, the Assistant Commissioner (Land Reforms), Coimbatore, after conducting a fresh enquiry, passed an order vide Ref.No.6140/87D, dated 08.05.1997, holding that the subject matter of the lands are the personal holdings of the petitioner's deceased father.
3.3. Aggrieved by the order of the Assistant Commissioner (Land Reforms), Coimbatore, PSG Ganga Naidu and Sons Charities, filed a Revision Petition before the Land Commissioner and the same was dismissed on 10.03.2000. Thereafter, the Trust filed W.P.No.44989 of 2002 before this Court challenging the order passed by the Assistant Commissioner and Land Commissioner. The Writ Petition filed by the Trust was dismissed by this Court on 03.12.2010 and W.A.No.501 of 2011 filed by the said Trust was also dismissed by a Division Bench on 30.03.2011. Pursuant to the above proceedings, the petitioner approached the revenue authorities for mutation of revenue records. At that point of time, the petitioner came to know about the acquisition proceedings initiated by the respondents and the passing of Awards in Award Nos.2/1994, 1/1995 and 5/1997.
3.4. In Award No.2/1994, it is stated that the 1st respondent has approved draft notification under Section 4(1) of the Land Acquisition Act, in short, "the Act", on 05.03.1991 vide G.O.Ms.No.306, Housing and Urban Development Department. The 1st respondent had decided to acquire the land for public purpose of construction of houses under the Ganapathy Neighbourhood Scheme Phase II. Pursuant to the issuance of the Government Order, the 1st respondent published Section 4(1) Notification in the Tamil Nadu Government Gazette on 20.03.1991. The substance of the Notification was also claimed to have been published in Tamil Dailies namely, "Thee Kathir" on 01.05.1991 and "Pirpagal" on 02.05
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