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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
T. Kalarani – Petitioner
Versus
State of Tamil Nadu & Others – Respondents
W.P. No. 34236 of 2014 & M.P. No. 1 of 2014
Decided On : 21.7.2015
Land Acquisition - Neighbourhood Scheme - Land Acquisition Act 1894, Section 4(1), Section 6 - RCTE Act 30 of 2013 - The court declared that the Land Acquisition proceedings initiated by the first respondent under the Land Acquisition Act 1894 are lapsed by virtue of section 24(2) of RCTE Act 30 of 2013.
Fact of the Case:
The petitioner's land was sought to be acquired for a Neighbourhood Scheme by the Tamil Nadu Housing Board. The petitioner objected, citing the presence of a burial ground and an Odai on the property. The petitioner also argued that the land was not absolutely required for the Neighbourhood Scheme and that the acquisition proceedings had lapsed.
Finding of the Court:
The court found that the land acquisition proceedings had been initiated under the old Act and that the subject lands were still with the petitioner after around 36 years. The court also noted the presence of the burial ground and the lack of authentic records or physical signs indicating the Housing Board's custody of the land. Consequently, the court allowed the writ petition and declared the Land Acquisition proceedings as lapsed.
Issues: The issues revolved around the validity of the land acquisition proceedings, the necessity of the land for the Neighbourhood Scheme, and the compliance with legal provisions regarding compensation and possession.
Ratio Decidendi: The court's decision was influenced by the lack of possession by the Housing Board, the presence of the burial ground, and the lapse of the acquisition proceedings under the old Act, leading to the application of section 24(2) of RCTE Act 30 of 2013.
Final Decision: The court allowed the writ petition and declared the Land Acquisition proceedings initiated by the first respondent as lapsed by virtue of section 24(2) of RCTE Act 30 of 2013.
1. The petitioner submits that her father-in-law, late Ramasamy Chettiar purchased the land in Alagapuram, Pudur Village in his name and his wife's name Pappammal and his daughter-in-law the petitioner herein, and agricultural lands measuring to an extent of 1/3rd of 23 cents comprising in Survey No. 199/3, 1 acre and 70 cents comprising in Survey No. 1/3 at Alagapuram Village, to an extent of 42 cents comprising in Survey No. 1/4 2638 sq. ft. in S. No. 2/10A to an extent of 6 cents comprising in Survey No. 2/11A to an extent of 31 cents comprising in Survey No. 2/10, 0.23 cents in Survey No. 2/13, to an extent of 1796 sq. ft. in Survey No. 2/11, in total an extent of 2 Acres and 88 cents. The said Ramasamy Chettiar died on 27.11.1993 and his wife Pappammal also died. The petitioner is the joint owners of the property along with her son R.T. Suresh and daughter in law Rathi in respect of Survey No. 2/10 measuring an extent of 0.31 acre, in S. No. 2/11 measuring an extent of 0.15 acre and in S. No. 2/13 measuring an extent of 0.23 acre at Alagapuram Pudur Village, Salem. The first respondent initiated acquisition proceeding for the purpose of construction of houses by Tamil Nadu Housing Board under the neighbourhood scheme in respect of the properties belonging to the petitioner and also in respect of the adjacent properties totalling to 17 Acres and 67 cents and issued Notification under Section 4(1) of the Land Acquisition Act 1894 in G.O.Ms. 1058 Housing and Urban department dated 06.07.1978 and published the same in Tamil Nadu Government Gazette on 26.07.1978. The draft declaration under Section 6 of the Land Acquisition Act was approved in G.O.Ms. 715 Housing and Urban Department dated 03.06.1980 and published the same in Tamil Nadu Government Gazette on 25.06.1980. Even though this was taken in 1978 in a neighbourhood scheme and later on they tried to take the land for construction of apartments, inspite of their objection to country planning direction. The same has been accepted by the Executive Engineer, Tamil Nadu Housing Board in his internal letter dated 03.11.1998. Without any further modification of the G.O. they are trying to build a commercial site.
2. The petitioner objected to the land acquisition proceedings on the ground that the burial ground belonging to the family of the petitioner is in the property which was acquired and 20 meters breadth Odai also situated in the property. In the proceeding dated 03.11.1998 by the Executive Engineer, Tamil Nadu Housing Board addressed to the second respondent has stated that the property acquired by the respondents can be used as park and children play ground without putting up any construction, in view of Rule 6(5) of Tamil Nadu Town Municipalities Building Rules 1972. The petitioner made a communication dated 06.01.2014 to the Chief Minister Special Cell for which the Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Salem Division has clarified in their communication letter No. EA/1/731/76 dated 04.02.2014 in respect of the property measuring an extent of 0.15 acre in survey No. 2/11, Alagapuram Pudur Village, Salem, they are taking steps through the Special Tahsildar, Land Acquisition, Salem to take possession of the property by the second respondent. The petitioner sent petition under Right to Information Act on 28.08.2006 to the second respondent and through a reply dated 25.09.2006 the second respondent has admitted that in respect of the property measuring an extent of 0.31 acre in S. No. 2/10 and the property measuring an extent of 23 cents in Survey No. 2/13 that the compensation amount in respect of the above said lands was deposited in State Bank of India, Salem, to the credit to work deposit on 24.01.1992. In respect of property measuring an extent of 31 cents in Survey No. 2/10 and 0.23 acre in Survey No. 2/13 Alagapuram Pudur Village, Salem Town the compensation amount has not been deposited before the Civil Court and the depo
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