Occupied Village Natham lands do not vest with the government and constitute private property. Revenue records classifying such lands as 'Poramboke' cannot negate title established by long-term occupancy and registered documentation; therefore, the government must follow formal land acquisition laws and provide compensation to displaced occupants.

JUDGMENT :

G.ARUL MURUGAN, J.

1.The intra-Court appeal is filed challenging the order of the writ Court dated 02.04.2025 in W.P.No.9246 of 2024, whereby the order of the second appellant dated 07.03.2024 was quashed and liberty was granted to the authorities to initiate appropriate land acquisition proceedings, if the subject properties are required for the Metro Rail Project.

2. The relevant facts to be noted in the appeal are as under:

2.1. The first and second respondents/writ petitioners claimed ownership of the subject properties in R.S.Nos.26 and 27, Block No.12, Reddy Street, Villivakkam, Chennai. The properties were classified as Grama Natham and originally vested with one Munisamy Reddiar. The properties were sold through a Sale Deed dated 31.10.1914 in favour of one Subburaya Chettiar and two others.

2.2. Thereafter, the properties were inherited by their legal heirs and by a Partition Deed dated 18.01.1984, registered as document No. 232/1984 on the file of the Sub Registrar, Sowcarpet, the properties were partitioned between the legal heirs, in which, the above said properties were allotted to one N.M.Ramalingam, father of the first respondent.

2.3. In respect of the proposed Metro Rail Project, the officials of the first appellant/Chennai Metro Rail Limited (CMRL) had called for a meeting on 21.01.2021, during which, respondents 1 and 2 submitted their objections. However, G.O.Ms.No.267 Planning, Development and Special Initiatives Department, dated 09.11.2021 (in short “G.O.267”) was issued, according administrative sanction for transfer of properties comprised in Block No.12, Survey Nos.1 and 27 and Block No.56, Survey No.147, transferring 68 sq. mtrs. of land on permanent basis and 491 sq.mtrs. on temporary basis, in favour of CMRL.

2.4. The respondents 1 and 2 along with others had filed W.P.No.25780 of 2021 seeking to forbear the authorities from acquiring their properties without resorting to land acquisition proceedings for the purpose of Metro Rail Project. By order dated 13.12.2021, the said writ petition was disposed of, restraining the authorities from acquiring the subject properties except by due process of law.

2.5. Thereafter, notice was issued by the second appellant, for which, detailed objections were submitted by the first respondent on 27.12.2023. By the impugned proceedings dated 07.03.2024, the second appellant rejected the claim of ownership of the private respondents, which came to be assailed in the writ petition in W.P.No.9246 of 2024.

2.6. The writ Court holding that the subject properties are Grama Natham lands and since the title is traced from the year 1914, by placing reliance on a decision in the case of N.S.Krishnamoorthi and Others Vs The District Collector, Krishnagiri and Others (W.P.No.4936 of 2025 etc. cases decided on 26.03.2025) held that the occupied Grama Natham lands cannot be regarded as Government Poramboke lands and the right acquired by the occupants cannot be deprived by classifying the lands as Poramboke lands. The writ Court, ultimately, had allowed the writ petition setting aside the communication of the second appellant, granting liberty to the authorities to initiate land acquisition proceedings under the Tamil Nadu Acquisiti