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2017 Supreme(Mad) 3911
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, P.VELMURUGAN, JJ.
The Chairman, Thiruvottiyur Municipality, Thiruvottiyur, Chennai and Ors. - Appellant
Versus
R.Revathy and Ors. - Respondent
W.A.Nos.691 of 2015 and 1374 of 2017
Decided on : 28-11-2017
Advocate Appeared:
For the Appellant :Mr.V.Ayyathurai, Addl. Advocate General
For the Respondent: Mr.S.Prabhakaran, Senior Counsel, for M/s.P.S.Amalraj, Mr.S.Krishna Ravindran, Mrs.Sri Jayanthi, Spl.G.P.
Headnote:
Land Acquisition Act – Section 48B – Possession of the Chennai Port Trust – Land acquired by the State for a water supply project floated by the Thiruvottiyur Municipality, which is now part of Greater Chennai Corporation was partly utilized for the scheme and the remaining land could not be used on account of the replenishment of sea water and later, when it was found that there was heavy traffic congestion in the area on account of parking the container trucks coming to the Chennai port, the Government of Tamil Nadu took a conscious decision to allot the land to the Chennai Port Trust to establish a container station with customs warehousing. – The container terminal has been in operation from 1 May 2007 on the basis of the lease given by the Thiruvottiyur Municipality in favour of the Chennai Port Trust. It was later renewed by the Chennai Corporation after the amalgamation of the Municipality. – However, by order dated 6 January 2015, the learned Single Judge directed the Chennai Corporation and the Government of Tamil Nadu to return 13.93 acres of land in the possession of the Chennai Port Trust to one of the legal heirs of the erstwhile land owner on the ground that the land was not utilized for the purpose for which it was acquired. – Feeling aggrieved, the local body and the Chennai Port Trust are before this Court. – Held, Efforts to streamline the traffic had gone in vain on account of the non availability of sufficient parking place. – It was only as a possible solution, the Government resolved to lease out the land owned by the Thiruvottiyur Municipality to the Chennai Port Trust. – Court have found a document in the file indicating that at least 20 people died every month in accidents on the Ennore Expressway, involving the container trucks. – Therefore, it was a move, which was aimed not only to fetch revenue to the local body but also to reduce the traffic congestion and save valuable lives. – Efforts taken by the State in association with the local body to ease congestion on the Ennore Expressway is nothing but a public purpose. – Expression “public purpose” as contained in Section 3(f) would include provision of land for planned development for town and for rural planning. – There is no traffic bottleneck now. – Public and authorities are relieved of the problem of traffic congestion. – Question of invoking Section 48B of the Land Acquisition Act does not arise in the subject case for the simple reason that part of the acquired land has already been used for the very same purpose. – The remaining part of the land is now used by the Government for another public purpose. – This aspect was not taken note of by the writ court. – Court is therefore of the view that the impugned order is liable to be set aside. – Intra Court Appeals Allowed
K.K. SASIDHARAN, J.
Introductory:-
1. The land acquired by the State for a water supply project floated by the Thiruvottiyur Municipality, which is now part of Greater Chennai Corporation was partly utilized for the scheme and the remaining land could not be used on account of the replenishment of sea water and later, when it was found that there was heavy traffic congestion in the area on account of parking the container trucks coming to the Chennai port, the Government of Tamil Nadu took a conscious decision to allot the land to the Chennai Port Trust to establish a container station with customs warehousing. The container terminal has been in operation from 1 May 2007 on the basis of the lease given by the Thiruvottiyur Municipality in favour of the Chennai Port Trust. It was later renewed by the Chennai Corporation after the amalgamation of the Municipality. However, by order dated 6 January 2015, the learned Single Judge directed the Chennai Corporation and the Government of Tamil Nadu to return 13.93 acres of land in the possession of the Chennai Port Trust to one of the legal heirs of the erstwhile land owner on the ground that the land was not utilized for the purpose for which it was acquired. Feeling aggrieved, the local body and the Chennai Port Trust are before this Court.
The facts:-
2. The Government of Tamil Nadu at the instance of Thiruvottiyur Municipality acquired an extent of 13.93 acres of land in T.S.No.27 from the predecessor-in-interest of the respondent. The award was passed on 14 April 1964. The land was taken possession by the Thirovottiur Municipality and it was partly used for the water supply scheme. Due to the replenishment of sea water, the water could not be used for public consumption. The Municipality therefore, kept the remaining land unutilized. In view of the increase in the volume of cargo handled by Chennai Port Trust and more particularly containarized cargo, there was heavy traffic congestion on the Ennore Expressway, Manali Road, TPP Road and Inner Ring Road, which form the Northern corridor from NH4 and NH5. There was wide opposition from the public for use of the road by container trucks. It was aggravated on account of the several road accidents that took place in and around the area. The Chief Secretary to the Tamil Nadu government therefore convened a meeting of the officials of Chennai Port Trust, police department, Thiruvottiyur Municipality and all other stake holders to resolve the traffic bottleneck. In the said meeting a decision was taken to allot 11.26 acres of unutilized land belonging to the Thiruvottiyur Municipality to the Chennai Port Trust on lease, initially, for a period of three years. The Chennai Port Trust agreed to establish a transit parking terminal of container trailers as per standard terms. The land was initially given by lease deed dated 13 June 2007.
3. While so, a writ petition was filed by one of the legal heirs of the original land owner for reconveyance of the entire acquired land on the ground that the land was not used for the purpose for which it was acquired. The writ petition filed in W.P.No.14012 of 2007 was disposed of by a learned Single Judge by order dated 18 April 2007 directing the Government to consider and dispose of the representation on merits. The representation was ultimately rejected by the government by order dated 22 August 2008 on the ground that the land has already been given to Chennai Port Trust for operating its container parking yard.
4. The order passed by the government, dated 22 August 2008 was challenged by the legal representative of the land owner in W.P.No.16146 of 2010.
5. The writ petition was opposed by the State as well as the Chennai Port Trust on the ground that the land was used for a larger public purpose and as such, the order rejecting the request for reconveyance was perfectly correct.
6. The learned Single Judge recorded the factual position that the Chennai Port Trust is utilizing the acquired land fo
