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 possession must be rectified.

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 7^th respondent in C.R.P.(MD)No.2094 of 2015.

The brief facts of the case is as follows:-

3. The Tamil Nadu Government in the year 1960 to uplift the agricultural activities and in order to promote and develop the agricultural activities including machineries and chemical and fertilizers, which are primary need and requirements for bring up the agricultural in the State of Tamil Nadu and in furtherance of the same, a fertilizer manufacturing complex was the need of the hour, constituted a High Level Committee. Thereafter, the Tamil Nadu Industrial Development Corporation Limited (TIDCO) undertook a joint promoters with SPIC at Tuticorin for supply of adequate fertilizers to the farmers.

4. They identified the manufacturing unit to be established at Tuticorin and it was originally decided for manufacturing Urea and Di-Ammonium Phosphate. The SPIC Limited produces the by-products of chemicals, which can be used for other industries. M/s.Tuticorin Alkali Chemicals and Fertilizers Limited was jointly promoted in the process of manufacturing soda ash and ammonium chloride by TIDCO and SPIC. In the process of establishing manufacturing unit, two villages, namely, Mullaikadu and Korampallam were identified. In the said village, the lands were earmarked for Tamil Nadu Electricity Board, Baba Atomic Research Centre-BARC (an undertaking unit of the Union Government) and for SPIC. On the aforesaid facts, the Revision Petitioner in C.R.P.(MD)No.2094 of 2015 in their grounds in para-6 a. and b., had stated the following details:

5. The lands, as stated above, were identified to an extent of 1232.51 acres in which 811.10 acres of lands were purchased by SPIC by way of private land acquisition/negotiation and the lands measuring to an extent of 421.21 acres of lands, which are Government poramboke land, were entrusted with SPIC. Pending assignment, this extent of 421.21 of lands was maintained by SPIC. The Revision Petitioner had contended that as the lands in both villages, namely Mullaikadu and Korampallam were converted as non-agricultural purpose as contemplated under Section 3 (22) of the Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act, 1961 (hereinafter referred to as “the Act”)

6. The SPIC in the year 1979 had transferred certain extent of lands to the Revision Petitioner in C.R.P.(MD)No.2094 of 2015, BARC, Heavy Water Plant (HWP) and SPIC Electric Power Corporation Limited (SEPC). In paragraph 10 of the grounds filed in support of C.R.P.(MD)No.2094 of 2015, the Revision Petitioner has stated as follows:

“10.However, pending reply from the Government and with the knowledge of the Government, the 7^th respondent has transferred portion of their lands to the revision petitioner, HWP and TNEB for their industrial activities as follows:

7. The SPIC had transferred 30.40 acres of lands to Tamil Nadu Alkali