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2015 Supreme(Mad) 971

HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
K.V.Srinivasan, Represented by his Power of Attorney, S. Srividhya – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Housing & Urban Development, Chennai & Others – Respondent
W.P. No. 1532 of 2013 & M.P. Nos. 1 of 2013 & 1 of 2014
Decided On : 20-02-2015

Advocates:
Advocate Appeared:
For the Petitioner:K.M. Vijayan, Senior Counsel for T. Karthick Srinath, Advocate.
For the Respondents:R1, S. Gomathinayagam, Additional Advocate General Assisted by V. Shanmugasundar, Government Advocate, R2 to R4, C. Kasirajan, Advocate.

The court emphasized the need for a comprehensive enquiry and consideration of the present condition of the property before making a decision on the petitioner's ownership claim and representations.

Headnote:

Land Acquisition - Housing Scheme - [Land Acquisition Act, 1894, Section 4(1), Section 6] - The court discussed the validity of the petitioner's ownership claim over a flat purchased from a seller who did not have marketable title deeds. The court considered the history of land acquisition proceedings, the quashing of the declaration, and subsequent legal actions. The court directed the petitioner to submit a fresh representation to the respondents for consideration, allowing for a comprehensive enquiry and consideration of the present condition of the property.

Fact of the Case:

The petitioner claimed ownership of a flat purchased from a seller who did not have marketable title deeds. The property was part of a land acquisition for a housing scheme. The petitioner sought relief against potential eviction by submitting representations to the respondents.

Finding of the Court:

The court allowed the writ petition and directed the petitioner to submit a fresh representation to the respondents for consideration. The respondents were instructed to conduct a comprehensive enquiry and pass orders on merits within eight weeks, with the petitioner's presence and prior notice.

Issues: Validity of petitioner's ownership claim, consideration of representations submitted by the petitioner, and potential eviction from the property.

Ratio Decidendi: The court found that the petitioner's ownership claim and representations required further consideration and directed the respondents to conduct a comprehensive enquiry and pass orders on merits.

Final Decision: The writ petition was allowed, and the respondents were directed to consider the petitioner's fresh representation after conducting a comprehensive enquiry and considering the present condition of the property.

Judgment :-

1. The petitioner submits that he is the absolute owner of the Flat bearing No.H, to an extent of 1380 sq.ft. (Super built area), Visaka Block, II Floor, Nakshatra, along with undivided share of 680.320 sq.ft. in all that is part and parcel of land to an extent of 98597.16 sq.ft. at Old State Bank Colony, 3rd Street, West Tambaram, Chennai-600 045 and has purchased the said undivided share vide Deed of Sale dated 02.06.2010 registered as Document No.5498 of 2010 in the Office of the SRO, Tambaram from one Mr.V.Chandrasekaran. The petitioner further submits that the facts narrated herein would show as to how the owners (who are innocent/bona fide purchasers) of the flat complex at "Nakshathra" face the threat of losing their only shelter and their entire life savings and virtually coming to the streets (with their families) because of certain acts of commission and omission by the authorities including respondents 2 to 4 herein, in gross violation of Principles of Natural Justice, which in turn will be a flagrant violation of Articles 14 and 21 of the Constitution of India.

2. The petitioner further submits that during the year 2008, he came to know about the project through their friends and newspapers advertisement(s) and thereafter he directly visited the site and saw the construction of the apartments going on in full swing with several workers working on the site. The total extent of land in which the project was going on was compounded. The petitioner booked the flat for valuable consideration and after booking the aforesaid flat like other flat owners approached the Financial Institution / Bank for housing loan and the Bank, through his legal advisor, after detailed scrutiny of the title deeds of the land, on which the project has been proposed, including Planning Permission dated 16.03.2007 bearing No.B/Spl.Bldg/102 A to J/2007 issued by CMDA who has in turn issued the same after detailed scrutiny of title by its own panel of Advocates and Work Permit dated 28.03.2007 bearing No.169/07 issued by Tambaram Municipality (the Local Body), sanctioned the loan. A portion of the consideration was paid by petitioner from out of his life time savings, retirement benefits and selling his jewellery. The petitioner further submits that on further verification, he found that Revenue Records like patta, chitta and adangal were available in the name of the predecessors in title of his vendors. After the lands were purchased by his vendors Revenue Records have been transferred / mutated in the name of his vendors and patta bearing Nos.3260, 3261 and 3394 all dated 29.11.2006, have been issued by Head Quarters, Deputy Tahsildar, Tambaram. There was absolutely no record of ownership or acquisition by Tamil Nadu Housing Board. The petitioner further submits that Chitta and Adangal for the Fasli 1416 have been issued inter-alia in respect of S.Nos.283/1, 284/1, 284/2 and 284/3. The petitioner further submits that their vendor have also paid Land Tax in respect of the lands. Encumbrance certificates from the year 1960 to the year 2005 in respect of S.Nos.283/1, 284/1, 284/2 and 284/3 reflects only the transactions in favour of his vendors and no other transaction or indication reflecting the ownership of TNHB is available.

3. The petitioner further submits that only after examining all title deeds and duly verifying the entire records before the Revenue Authorities, Encumbrance Certificate from the Sub-Registrar Office, Tambaram and obtaining legal opinion, the petitioner purchased his respective flat by obtaining loan from the nationalized bank who in turn have sanctioned the loan after detailed scrutiny of title of the land and building through their legal panel of Advocates. It is submitted that the entire project "NAKSHATRA" has been constructed on the land to a total extent of 5.52 acres particularly designed to suit the middle and lower income groups, out of which only 2.26 acres is claimed by the respondents. The entire con




















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