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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Seshasayee, J.
J. Deepak & Another – Petitioner
Versus
The Secretary to Government, Government of Tamil Nadu, Tamil Nadu Development and Information Department, Chennai & Others – Respondents
W.P. Nos. 9285 & 10135 of 2020 & W.P. No. 1708 of 2021 & WMP. Nos. 11318 to 11320, 12319, 12320, 12322, 12325, 12326 of 2020 & 1865, 2184, 1911, 1913, 1917, 1919 & 1921 of 2021
Decided On : 24-11-2021
Constitution of India, 1950 - Article 226 - Right to Fair Compensation – Section 64 - RFCTLARR Act - Sections 2, 4(4)(f) and 19 – Civil Procedure Code, 1908 - Section 151 - Land acquisition proceedings - Acquisition of ‘Veda Nilayam’ – Land acquired for public purpose – Compensation - Seeking direct to respondents to deliver possession of Veda Nilayam along with movable to petitioner - Government gave the petitioners any opportunity to present their version to the intended conversion of Veda Nilayam into a memorial for Ms. Jayalalithaa - Acquiring a property for converting it into a memorial does not fall within meaning of ‘public purpose’ as defined in Section 2 of RFCTLARR Act - While so, without waiting for orders, Land Acquisition Officer had issued a public declaration under Section 19 of RFCTLARR Act. As per this declaration, Government has made a statement that ownership of property is yet to be ascertained. This is not consistent with Act - Held, A close reading of Sec.4 to Sec.6 of RFCTLARR Act informs that a Social Impact Assessment is required where a proposed acquisition for advancing an intended public purpose impacts a large section of locality where lands are acquired, or where project is proposed. And, rehabilitation and resettlement is required only where acquisition involves displacement of families of ‘persons interested’ in property acquired including that of its owners - The statutory analysis which this Court has undertaken in paragraph does reveal that except at solitary stage of entering property proposed to be acquired by Authorities for surveying etc., under Sec.12, no where Act has positively stipulated issuance of notices to land owner. After all with or without individual notices, Deepak mostly, and Deepa a couple of times have registered their objections to the intent of Government to acquire ‘Veda Nilayam’. And, they have been considered by Land Acquisition Officer even though were not in their favour. Having stated thus, it may also have to be recorded that there appears to be a conscious move by those in charge of acquisition proceedings to drive ‘land owner’ to a statutory-redundancy. This is first reflected in the stance taken in counter of District Collector where it was asserted that petitioners are not owners of Veda Nilayam, and that they are only ‘persons interested’ under Sec.3(x) of Act - Assuming there is a public purpose (which this Court has already held in Part II that there is none), it needs to be said that methods adopted for acquisition are hardly appreciable. Legitimacy of power not backed by legitimate means of exercise can hardly be sustained in public law. The sequitur is that acquisition of Veda Nilayam fails on yet another ground - This Court however, restrained Government from opening doors of building. It also directed District Collector, Chennai, to hand over the keys of building to Registrar General. This Order was challenged by Government before First Bench of this court in W.A.- Hon’ble Division Bench has modified the order of this Court only to a limited extent when it permitted the District Collector to retain the keys of Veda Nilayam - Writ petitions are allowed
ORDER :
(Prayer in W.P.No.9285 of 2020: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned land acquisition proceedings initiated on the basis of G.O.No.180 dated 05.10.2017 of the 1st respondent and subsequent preliminary Notice No.A1/3476/2018 Form-IV dated 25.06.2019, Notice A1/3496/2018 Form-V dated 28.06.2019, Notice No.01, A1/3476/2017 Form-VI dated 04.5.2020, and Public Notices in Rc.A1/3476/2018 dated 19.05.2020 under the provisions of RFCTLARR Act/Rules by the respondents 2 and 3, and quash the same as the same is perverse, arbitrary, biased, illegal, untenable, smacks of malafide and colourable exercise of powers and consequently direct the respondents to consider the petitioner’s objections dated 29.12.2018, 06.07.2019, 07.05.2020, 01.06.2020 and 01.07.2020 thereby to drop the entire land acquisition proceedings from converting the residential house “Veda Nilayam” bearing Old Door No.36, New Door No.79, Present Door No.81, Poes Garden, Chennai-600 086 into a memorial.
W.P.No.10135 of 2020 : Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the entire records pertaining to the land acquisition proceedings initiated pursuant to the GO.No.180, dated 05.10.2017 followed by the preliminary notice No.A1/3476/2018, dated 25/6/2019, Notice A1/3496/2018, dated 28/06/2019 the declaration under Section 19, dated 4/5/2020 and the Award passed by the 5th respondent in Award No.01 in RC.No.A1/3476/2018 dated 22/7/2020, quash the same and consequently direct the respondents to deliver the possession of Veda Nilayam along with movable to the petitioner.
(Prayer amended Vide Order dated 01.04.2021 in WMP.No.1984 of 2021]
W.P.No.1708 of 2021 : Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent and quash the impugned Award No.01/2020 made in R.C.No.A1/3476/2018 dated 22.07.2020 on the file of the 3rd respondent as the same is perverse, arbitrary, biased, illegal, untenable, smacks of malafide and colourable exercise of powers and consequentially to cancel the entire land acquisition proceedings from converting the residential house “Veda Nilayam” into a Memorial and further direct the respondents to handover the possession of the house bearing Old Door No.36, Present Door No.81, “Veda Nilayam” Poes Garden, Chennai-600 086.)
Introductory Statement:
1.1 ‘Veda Nilayam’ was acquired. It was the residence of Selvi J. Jayalalithaa, the former Chief Minister of Tamil Nadu. She owned it. Ms. Jayalalithaa died on 05-12-2016. Subsequently, her house was acquired by the Government under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act., 2013 (RFCTLARR Act) with a view to convert it into a memorial for her.
1.2 Ms. Jayalithaa was a spinster and she died intestate. The petitioners herein, Shri. Deepak and Smt.Deepa (henceforth Deepak and Deepa), respectively are her nephew and niece (children of Ms. Jayalalithaa’s pre-deceased brother Jayakumar), and are the successors-in-title to Ms. Jayalalithaa’s estate. They challenge the acquisition of ‘Veda Nilayam’ in these writ petitions.
2. To facilitate a focused analysis, this Order is divided into Section-A and Section-B. In Section A, this Court proposes to deal with Facts & Pleadings. In Section B, the arguments of the counsel on either side and the discussion and decision of the Court are dealt with.
SECTION-A
FACTS & PLEADINGS
FACTS:
3. There are two sets of facts: (a) Facts relating to a certain proceedings for obtaining Letters of Administration (hereinafter would be termed as LoA) that Deepak has filed; and (b) Facts pertaining to acquisition
The court emphasized the importance of procedural compliance and the requirement for acquisitions to serve a 'public purpose' as defined under the Act of 2013.
The judgment establishes the importance of satisfying the public purpose requirement under Section 3(f) and the need for compliance with the procedural safeguards of Section 5A in land acquisition pr....
Supreme Court has further struck a note of caution that though Courts are generally not entitled to go behind declaration of Government to effect that acquisition is for "public purpose", an exercise....
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