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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SENTHILKUMAR
Tuticorin Alkali Chemicals and Fertilizers Limited – Appellant
Versus
Land Commissioner, Office of the Land Commissioner and Principal Secretary, Commissioner of Land Reforms – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition, industrial land use and statutory ceiling under the act (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. statutory provisions under section 37-a and confirmation of orders refusing exemption (Para 11 , 12) |
| 3. parties' contentions regarding government permission and estoppel arguments (Para 13 , 14 , 15) |
| 4. court’s discussion rejecting exemption claims and emphasizing statutory supremacy (Para 16 , 17 , 18 , 19 , 20 , 21) |
ORDER :
N. SENTHILKUMAR, J.
The present Civil Revision Petitions have been filed challenging the impugned order passed in Appeal No.A1/112 of 2007 in Na.Ka.No.D4/3645/2013 on the file of the Agricultural Land Tribunal (District Revenue Officer), Tuticorin confirming the order, dated 20.04.2007 in Order Ref.A3/MR-1/264/S-TUT, on the file of the Assistant Commissioner (Land Reforms), Tirunelveli.
2. The petitioner/Tuticorin Alkali Chemicals and Fertilizers Limited in C.R.P.(MD)No.2094 of 2015 is the fourth respondent in C.R.P.(MD)No.2229 of 2015 and the petitioner/M/s.Southern Petrochemical Industries Corporation Limited (hereinafter referred as “SPIC”) in C.R.P.(MD)No.2229 of 2019 is the 7th respondent in C.R.P.(MD)No.2094 of 2015.
T
Industrial undertakings cannot hold or alienate land beyond statutory ceiling without government permission under Section 37-A; statutory law overrides conflicting government letters and illegal poss....
Mandatory government permission is required for holding and transferring land in excess of ceiling limits under the Land Ceiling Act, with unauthorized sales deemed invalid.
Environmental clearance is required prior to commencing construction work, not before issuing notification under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.
Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.
The Government cannot nullify the orders of the Court and such action amounts to contempt of Court. The Government has no power to grant permission for conversion of agricultural land for non-agricul....
The main legal point established in the judgment is the validity of the mortgage created without prior permission, the Government's power to declare the transfer as null and void, and the rights of t....
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