2014 Supreme(Mad) 2592

High Court of Judicature at Madras
C.S. KARNAN, J.
Government Film & TV Employees Welfare Association & Another
Versus
State Rep. by its Secretary to Government & Others
W.P. Nos. 919 of 2014 & 11205 of 2008 & M.P. Nos. 1 of 2010 & 4 of 2014
Decided On : 19-08-2014

The provisions of the Tamil Nadu Urban Land Ceiling and Regulation Repeal Act, 1999 cannot be invoked by a landowner who has received compensation for the acquisition of excess vacant land under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, and who is not in physical possession of the land.

Headnote:

Tamil Nadu Urban Land Ceiling and Regulation Repeal Act, 1999 - Section 3 - Excess vacant land - Landowner receiving compensation as per Section 12 of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 - physical possession not with the landowner - vesting of lands, accepted by the landowner - Landowner cannot claim that possession is still with him - Provisions of Repeal Act, cannot be invoked - writ petition dismissed.

Fact of the Case:

The petitioner in W.P. No. 11205 of 2008 filed a writ petition in the High Court of Madras, seeking a writ of declaration, declaring that the entire proceedings initiated by the respondents herein dated 17.12.1981 in R.C. No. 4592/81D for acquisition of the surplus lands under the Tamil Nadu Urban Land (Ceiling and Regulations) Act 24 of 1978, held by the petitioner, in respect of old S. No. 316/6B and 316/6F, present Survey No. 316/6B2, admeasuring 5570 sq. meters, Velachery Village, Mambalam-Guindy Taluk as void ab initio, arbitrary, illegal, unconstitutional more particularly in the light of the provisions contained in Tamil Nadu Urban Land Ceiling and Regulation Repeal Act 20 of 1999 as the petitioner continues to remain in actual physical possession and consequently direct the third respondent to carry out necessary mutation in the revenue records in favour of the petitioner.

Finding of the Court:

The Court held that the writ petition filed by the petitioner in W.P. No. 11205 of 2008 is not maintainable since the Government had acquired the excess land and paid the compensation. Therefore, the re-conveyance of the land does not arise in the instant case since the Government acquired the surplus lands. The Court also held that the prayer sought by the impleading petitioners/respondents 5 to 43 in W.P. No. 919 of 2014, is not maintainable. The Court further held that the writ petitioner-Association (W.P. No. 919 of 2014), are employees at the Government Film and T.V. It was stated that they are persons who do not have house sites and that they have made representations to the Government authorities. It has also been stated that the said Government authorities also sent communications on 22.03.2006 in Na. Ka. No. 219 of 2006 and the said communication is still under process. As per the aim and object of the Housing Board, the said Government Film and TV Employees Welfare Association are entitled to receive allotment orders from the respondents consisting of Government and Tamil Nadu Housing Board, after paying for the land cost as evaluated by the Government in order to fulfill the aspirations of the general public and their welfare of which the petitioner's association may be treated as one among them.

Issues: 1. Whether the writ petitioner in W.P. No. 11205 of 2008 is entitled to reconvey the said land to his father? 2. Whether the impleading petitioners/respondents 5 to 43 are entitled to receive allotment order from the Government regarding the subject matter of the property? 3. Why the said property is kept vacant for 30 years as the Land Acquisition Proceedings had been initiated in the year 1981 under Tamil Nadu Urban Land Ceiling and Regulation Act, 1978, after observing all formalities and as the property has been acquired in the year 1984 itself? 4. Whether the writ petitioner in W.P. No. 919 of 2014 is entitled to receive allotment order for the subject matter of the property?

Ratio Decidendi: The Court held that the writ petition filed by the petitioner in W.P. No. 11205 of 2008 is not maintainable since the Government had acquired the excess land and paid the compensation. Therefore, the re-conveyance of the land does not arise in the instant case since the Government acquired the surplus lands. The Court also held that the prayer sought by the impleading petitioners/respondents 5 to 43 in W.P. No. 919 of 2014, is not maintainable. The Court further held that the writ petitioner-Association (W.P. No. 919 of 2014), are employees at the Government Film and T.V. It was stated that they are persons who do not have house sites and that they have made representations to the Government authorities. It has also been stated that the said Government authorities also sent communications on 22.03.2006 in Na. Ka. No. 219 of 2006 and the said communication is still under process. As per the aim and object of the Housing Board, the said Government Film and TV Employees Welfare Association are entitled to receive allotment orders from the respondents consisting of Government and Tamil Nadu Housing Board, after paying for the land cost as evaluated by the Government in order to fulfill the aspirations of the general public and their welfare of which the petitioner's association may be treated as one among them.

Final Decision: The Court allowed the writ petition in W.P. No. 919 of 2014 and quashed the G.O. Ms. No. 549 Revenue (ULC-I(2) Department, dated 31.12.2013 passed by the first respondent, the Secretary to Government, Revenue Department, Secretariat. The Court directed the first respondent to allot the lands to the extent of 6250 sq. metres of lands situated in S. Nos. 316/6B2 and 316/6D2 in Velachery Village, Chennai Urban Agglomeration to petitioner's Association, viz. Government Film and TV Employees Welfare Association, Chennai. The Court dismissed the writ petition in W.P. No. 11205 of 2008 filed by Mr. S. Ramakrishnan.