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2021 Supreme(Mad) 1972

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Raja, V. Sivagnanam, JJ.
Arcot Ranipet Electricity Workers Housing and Welfare Society rep by its Secretary D. Natarajan and Another – Appellants
Versus
The State of Tamil Nadu rep by Secretary to Government Housing and Urban Development Department and Others – Respondents
W.A. Nos. 2200 & 2201 of 2011
Decided On : 13-09-2021

Advocates:
Advocate Appeared:
For the Appellant :T. Mohan, Advocate.
For the Respondent:T. Arunkumar, Government Advocate, Dr. R. Gowri, Advocate.

Headnote:

Constitution of India,1950 - Articles 19 & 21 - Land Acquisition Act - Section 48-B 5(1) and 12(2) - Writ appeals have been filed by Electricity Workers Housing and Welfare Society represented by its Secretary and Teachers Housing and Welfare Society represented by its Secretary challenging correctness of impugned common order passed in Writ Petition in and by which Judge dismissing writ petitions, refused prayer of writ petitioners for re-conveyance of land in Survey Village under Section 48-B of Land Acquisition Act holding that Section 48-B is an exception to rule and such a provision has to be strictly construed and strict compliance shall be made – Held, Court consider case of appellants herein it is an admitted case that during pendency of writ Petitions and writ appeals there was an order of stay of dispossession delay in proceeding with project by Housing Board had occurred only due to pendency of court proceedings initiated by appellants - Secondly they have not challenged land acquisition proceedings - Thirdly award was passed in Award and possession of land of has been handed over to Tamil Nadu Housing Board after completion of all land acquisition formalities - Now Housing Board has proposed area development of layout was also approved by Director of Town and Country Planning Vellore. Moreover proposed scheme was also approved by Housing Board vide Board resolution for Thereupon, tenders were called through tender notice and finally land was handed over to contractor on In view scheme development is in process - Writ Appeals dismissed

JUDGMENT :

T. Raja, J.

(Appeals filed under Clause 15 of the Letters Patent against the common order dated 08.06.2010 made in W.P.Nos.27732 & 27733 of 2008.)

1. These two writ appeals have been filed by Arcot Ranipet Electricity Workers Housing and Welfare Society represented by its Secretary and the Arcot Teachers Housing and Welfare Society represented by its Secretary, challenging the correctness of the impugned common order dated 08.06.2010 passed in Writ Petition Nos.27732 & 27733 of 2008, in and by which the learned single Judge, dismissing the writ petitions, refused the prayer of the appellants/writ petitioners for re-conveyance of the land in Survey No.196 (part), Arcot Village, Arcot Taluk under Section 48-B of the Land Acquisition Act holding that Section 48-B is an exception to the rule and such a provision has to be strictly construed and strict compliance shall be made.

2. Mr.T.Mohan, learned counsel appearing for the appellants submitted that both the Welfare Societies of the appellants were started for the specific purpose of satisfying the needs of housing to its members, who were electricity workers and teachers. Therefore the members of the Arcot Ranipet Electricity Workers Housing and Welfare Society purchased 5.27 acres of land in Survey No.196 (part) having an extent of 0.63 acres in Survey No.191/2 and an extent of 0.23 acres in Survey No.198 at Arcot Town North Arcot District and applied for approval of layout to the Town Planning Authorities paying the necessary charges for approval. Similarly, the members of the Arcot Teachers Housing and Welfare Society also purchased 1.33 acres of land in Survey No.196 (part) at Arcot Town North Arcot District and applied for approval of layout to the Town Planning Authorities paying the necessary charges for approval. When the approval for the layout was pending, a proposal was made by the Government in 1984 for acquisition of their land by the Housing Board. Therefore, they made representations to the Government to delete their land from the proposal of acquisition for meeting out the housing needs of its members. As there was no response, they filed Writ Petition Nos.6909 and 6904 of 1986 and during the pendency of these writ petitions, after a delay of over 10 long years, the proposal submitted for acquisition was approved in G.O.Ms.No.702 dated 31.8.94. Therefore, at the time of final hearing of the writ petitions, a representation was made to the Court by the Government that the Government itself would allot the plots to the members of the appellants' societies under Bulk Allotment System. Hence the writ petitions were dismissed on 12.4.96. As against that, Writ Appeal Nos.17 & 18 of 1998 were filed by the appellants. When the appeals came up for disposal, the Government made the same representation. Therefore, this Court, taking the representation into consideration, disposed of the appeals on 10.9.2001 with an observation that after completion of the acquisition proceedings and at the time of allotment, first preference shall be given to the members of the appellants' societies. When the appellants wee hoping that the plots would be given to their members to put up construction, there was no sign of any response. Moreover, the respondents have not even paid any compensation for the land acquired for more than 24 years. Thereafter, when Section 5(1) notice was issued, objections were given. Again there was no communication from the Government. Therefore, the appellants were making frequent visits to the various offices of the Government and the Housing Board. Finding no response, again representations were given to the Housing Board stating that as there was no compensation paid to them, they should not be asked to pay the cost of the land for allotment under the bulk allotment scheme at the present value. It was also stated that the plots developed in the neighbouring area were quoted at Rs.2.51 lakhs per ground, whereas the compensation paid to the members of t

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