Ownership of Grama Natham land requires valid documentation; mere possession does not confer title or entitlement to compensation.

JUDGMENT :

1. Civil Suit for declaration of ownership and consequential relief of direction to the defendants to pay jointly and severally compensation of Rs.4,93,94,080/- together with interest at the rate of 12% p.a. for the portion of the land acquired.

2. Plaint averments:

According to the plaintiff, the suit land classified as Grama Natham situated at S.No:11, 12 and 13 of Block 9, Saligramam Village, Madras, came to be occupied by his predecessors several years ago. On 01.10.1932, the suit property was purchased by one Munusamy Gramini from S.Ranganatha Pillai. Thereafter, the sons of Munusamy Gramini sold a portion of it jointly and after partition among them, they sold their share individually to Tmt.Krishnaveni Ammal and her husband Devaraj Gramini. The plaintiff is the adopted son of Krishnaveni ammal. In the year 1982, a portion of the property in T.S.No:11/2 was acquired by the State for Inner Ring Road project. Recognising her interest in the property, compensation was paid to Krishnaveni Ammal vide, Award proceedings No:6/1986, dated 30.07.1986.

3. During her life time, Tmt.Krishnaveni Ammal raised construction over the land, after obtaining necessary planning permission. In the portion of the building, Tmt.Krishnaveni Ammal was residing and using the remaining portion for commercial purpose. The Tax for the property was regularly paid by Tmt.Krishnaveni Ammal. Later, through two deeds Krishnaveni Ammal settled the properties bearing Door Nos:207, 208 Arcot Road, Vadapalani, Chennai, and land in S.No:178/1, Old Door No.26, Mosque Street, Vadapalani, to the plaintiff. Pursuant to the settlement, the plaintiff’s name stood mutated in the revenue records. In the T.S.L.R. the existence of a house is mentioned. Thus, the title of the suit property vest with the plaintiff.

4. While so, unmindful of the fact that the plaintiff is the owner of the property, on 04.05.2011, notice under the provisions of the Land Encroachment Act, 1905, was issued to the plaintiff as if the plaintiff is an encroacher of the suit land. Challenging the notice issued under the Land Encroachment Act, 1905, the plaintiff filed W.P.No.12795 of 2011. The said Writ petition was disposed with the direction to consider the explanation/objections submitted by the Writ Petitioner and pass an appropriate order. Till then, the interim stay of the impugned eviction notice was ordered.

5. Subsequently, when the CMRL required the land for its project, the Government of Tamil Nadu again treated the suit land as poramboke land and took possession of a portion of the plaintiff’s land. The claim of the plaintiff that the property is a Grama Natham and the plaintiff as the first occupant of the Grama Natham is the title holder, was rejected by the District Collector. However, the Government in its proceedings dated 30.09.2011 recognising the long enjoyment and sale documents in favour of the plaintiff, directed the Special Deputy Collector (Land Acquisition Tamil Nadu Urban Development-III, Madras-55) to settle the compensation as per the norms prescribed in G.O.(Ms)No.1971, Revenue Department, dated 14.10.1988.

6. In breach of the order passed by the Special Deputy Collector, dated 30.09.2011. The Land Encroachment Act was again invoked against the plaintiff, which compelled the plaintiff to file W.P.No.22984 of 2011. In the said Writ petition, the Division Bench of the High Court by order dated 13.09.2013 directed the State to disburse the compensation amount within a period of eight (8) weeks. The requisitioning body (CMRL) though have no locus standi, preferred SLP before the Hon'ble Supreme Court challenging the order of the Division Bench questioning the title of the plaintiff. The SLP preferred by the CMRL was disposed by the Hon'ble Supreme Court on 27.10.2017 observing that the plaintiff has to take appropriate civil action or any other action, as permissible under the law, to establish that he is the owner of the land. Such action to be taken within 8 weeks