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S. M. SUBRAMANIAM, C. KUMARAPPAN
Special Commissioner and Commissioner of Land Administration, Chennai – Appellant
Versus
Seriya Pushpam – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 17.03.2021 passed in W.P. No. 11836 of 2010.
1. The subject Government land involved in the present writ appeals situate in Survey Nos. 523 and 524 of Perumbakkam Village, Saidapet Taluk, Chengalpattu District, which was said to be assigned in favour of the respondent/writ petitioner.
2. Admittedly, the subject land measuring to an extent of 5 acres are falling within the territorial limits of Chennai Metropolitan City. During the pendency of the writ petition, tenements were constructed by the Tamil Nadu Urban Habitat Development Board (in short “TNUHDB”) and approximately 20,000 families are in occupation of their respective tenements in the subject property. The Perumbakkam Scheme was developed by TNUHDB to re-locate the encroachers in Chennai City. Several blocks are constructed and allotments are made to the eligible persons and in respect of the subject property measuring to an extent of 5 acres are concerned, 20,000 families are in occupation as of now.
3. The Scheme has been extended to 46.65 Hectares and several thousands of tenements are constructed.
4. The f
The absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
The cancellation of land assignments after 21 years was deemed illegal as the conditions of assignment conferred absolute rights post 10 years, and the reasons for cancellation were not substantiated....
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