The court held that land acquisition proceedings lapse if the statutory procedure for taking possession is not followed, emphasizing the need for physical possession as mandated by law.

ORDER :

N.Anand Venkatesh, J.

W.P.No.18333 of 2019 has been filed by a residents' welfare association challenging the proceedings dated 28.10.1999 issued by the second respondent namely the Assistant Commissioner of Urban Land Ceiling & Tax-Alandur, Chennai-88 and to declare the proceedings initiated under Section 4 of the Tamil Nadu Urban Land (Ceiling & Regulation) Repeal Act (Act 20 of 1999) (for short, the Act) in respect of the property belonging to the members of the petitioner association, who are residents of Survey No.105/2, Madipakkam Village (Rajaji Nagar), Chennai.

2. W.P.No.4862 of 2025 has been filed by an individual challenging the proceedings of the Assistant Commissioner of Urban Land Ceiling and Tax, Chennai-88 dated 18.12.2024 and for a direction to respondents 1 to 3 to grant no objection to the fourth respondent to mutate the revenue records in the name of the petitioner in respect of the property measuring 2,520 sq.ft situated in plot No.112, Rajaji Nagar 1st Street comprised in Old Survey No.105/2, New Survey No.105/111 as per patta No.371, Madipakkam Village, Sholinganallur Taluk, Chennai District.

3. The petitioner in WP.No.4862 of 2025 also owns lands in the same survey number namely S.No.105/2 and hence, the result in W.P.No.18333 of 2019 will have a bearing on the petitioner in WP.No. 4862 of 2025. Hence, both the writ petitions were taken up together, heard and disposed of through this common order.

4. Heard the respective learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents in both the writ petitions.

5. The case of the petitioner in W.P.No.18333 of 2019 is as follows:

(i) A layout was formed in S.No.105/2 at Madipakkam Village, Sholinganallur Taluk and individual plots were sold to various persons from the year 1984 by the original land owners namely one Mr.K.Chandrasekaran, one Mr.K.Padmanabhan and one Smt.V.R. Sundaravalli. After purchase of the plots by the members of the petitioner association, individual patta was also granted to them and they applied for sanction of building plan. After receiving the sanction, they also constructed houses and were in possession and enjoyment of the same.

(ii) At a later point of time, the members of the petitioner association came to know that the subject property formed part of proceedings initiated under the Act and attempts were made to take possession of the same. Notices were served and they were put to challenge by filing suits and those suits were also decreed.

(iii) The common notice issued by the Assistant Commissioner, Urban Land Tax & Ceiling - Alandur, Chennai-88 dated 28.10.1999 informing the members of the petitioner association that they could apply under the innocent purchasers' scheme, has been put to challenge in W.P.No. 18333 of 2019 and a consequential direction is sought to declare that the proceedings initiated under the Act has lapsed.

(iv) In so far as the petitioner in W.P.No.4862 of 2025 is concerned, she has come before this Court with a specific case that her property bearing new S.No.105/111 is not even the subject matter of the proceedings under the Act and that when she applied for the issuance of patta, the same was not entertained on the ground that she must get a no objection certificate from respondents 1 to 3. The proceedings of the Assistant Commissioner of Urban Land Ceiling & Tax, Chennai-88 dated 18.12.2024 has been put to challenge in W.P.No.4862 of 2025.

6. A counter affidavit has been filed in W.P.No.18333 of 2019 by the Assistant Commissioner of Urban Land Ceiling & Tax, Alandur Zone wherein he took the following stand :

(i) The notice under Section 7(2) of the Act dated 29.3.1985 was issued to the land owners to file returns under Section 7(1) of the Act. Since the land owners did not file their returns, draft statements under Section 9(1) dated 14.10.1985 along with notice under Section 9(4) of the Act were issued jointly for the proposed acquisition of lan