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2019 Supreme(Mad) 3440

IN THE HIGH COURT OF MADRAS
T.S. Sivagnanam, V. Bhavani Subbaroyan, JJ.
Gowri Shanmugasundaram and Ors. - Appellant
Versus
Atulya Mishra and Ors. - Respondent
Cont. P. No. 538 of 2019, Sub. Appln. (OS) No. 180 of 2019 and W.M.P. No. 36860 of 2018 in W.P. No. 7871 of 2007
Decided On: 16-07-2019

Advocates Appeared:
For the Appellant :V. Ramesh, Advocate
For the Respondent:P.H. Aravind Pandian, AAG and M. Baskar, Advocate

Headnote:

Land Acquisition Act - Section 4(1) and 48B - Contempt of Courts Act - Acquisition of Land - Compensation - Scheme - Quash of Proceedings and Government letter - Whether there has been willful disobedience of the order and direction in Writ Petition - Sought for direction to pay adequate compensation for lands acquired from them which according to petitioner was an illegal acquisition - Writ Petition was withdrawn with directions issued by Division Bench by order - Held, Government has rejected petitioners' request is that their lands are required for integral housing scheme - Petitioners are entitled to consideration of their case under Section 48B and to merely observe that their lands are required for scheme will not suffice - Principal Secretary to Government, Housing Urban Development Department, while passing impugned order has not ever referred to positive recommendation of Commissioner of Land Administration. Court can safely conclude, either recommendation of Commissioner was suppressed or the recommendation was deliberately not referred to. But for affidavit filed by Principal Secretary in these proceedings, recommendation of Commissioner of Land Administration would not have come to light - Listed the matter next date for reporting compliance - Proceedings and Government Letter quashed - Order accordingly.

ORDER :

T.S. Sivagnanam, J.

1. This Contempt Petition has been filed alleging willful disobedience of the order and direction dated 14.10.2015 in W.P. No. 7871 of 2007.

2. The said Writ Petition was filed by the petitioner herein for issuance of Writ of Certiorarified mandamus to quash the order passed by the Assistant Commissioner, Urban Land Ceiling, Chennai in proceedings bearing No. A3/4878/79 and notification No. VI(1)743/82, dated 02.07.1982, published in the Tamil Nadu Government Gazette, dated 14.07.1982 and the consequential notification, dated 29.08.1982 published in the Tamil Nadu Government Gazette, dated 11.08.1982, as confirmed by the order passed by the Tamil Nadu Land Reforms Special Appellate Tribunal in T.R.P. No. 376 of 1999, dated 17.09.2001. The petitioner sought for a consequential direction to pay adequate compensation for the lands acquired from them which according to the petitioner was an illegal acquisition. The Writ Petition was withdrawn with directions issued by the Division Bench by order dated 14.10.2015. The endorsement made by the petitioner seeking withdrawal of the Writ Petition is to the following effect:-

"The Writ Petition is withdrawn in view of the direction of this Court to the Government to consider a release of 6 grounds and 1750 sq.ft lands acquired under Land Acquisition Act and also in view of the order of the Housing Board dated 22.07.2011 being quashed. However liberty to reopen the Writ Petition, if the Housing Board declines the request."

3. The above endorsement was signed by the petitioner Ms. S. Sengamalam on 14.10.2015 and the signature attested by the learned counsel for the petitioner on the same date. The Division Bench while disposing of the Writ Petition by order dated 14.10.2015, in paragraphs 8 & 9 therein issued to the following directions:-

8. In view of the aforesaid agreement, the following order is passed:-

(1) The present writ petition stands withdrawn.

(2) The order passed by the Chairman and Managing Director, Tamil Nadu Housing Board in Letter No. LA1(3)/58173/2003, dated 22.07.2011 stands quashed.

(3) Fresh orders will be passed by the competent authority of the Tamil Nadu Housing Board after hearing the parties within a period of eight 8 months from the date of receipt of the order, strictly taking into consideration the observations made by the Division Bench in W.A. 389 of 2006 dated 10.07.2009, including the affirmation of what was opined by the learned Single Judge.

(4) The amount deposited towards the compensation in respect of the share of the petitioners along with the accrued interest thereon should be released to the petitioners within one month from today, which is alleged to have been adjusted towards the dues under the Tamil Nadu Urban Land Tax Act, 1966 since the said adjustment in law would not be sustainable.

9. The writ petition, accordingly, stands disposed of. No costs.

4. The Division Bench by the said order, quashed the order passed by the Housing Board, dated 22.07.2011. By this order, the Chairman and Managing Director of the Housing Board informed the petitioner that her request to reconvey the land in survey No. 145/1, 6, 7 to an extent of 6 grounds and 1750 sq.ft., is rejected. The Division Bench directed the competent authority of the Housing Board to pass fresh orders after hearing the parties, within a period of three months from the date of receipt of copy of the order strictly taking into consideration the observations made by the Division Bench in W.A. No. 389 of 2006, dated 10.07.2009, including the affirmation of what was opined by the learned Single Judge. W.A. No. 389 of 2006, was filed by the petitioner challenging the order passed in W.P. No. 35066 of 2002, which was for issuance of a Writ of Certiorarified mandamus to quash the proceedings of the Government of Tamil Nadu Housing and Urban Development Department dated 29.07.2002 and for consequential direction to delete or re-convey the subject lands by invoking Section 48 of t

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