Madras High Court
Gomalavalli vs The Secretary To Government on 18 November, 2021
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.8924 to 8941 &17820 of 2010 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. Nos.8924 to 8941 & 17820 of 2010
M.P.Nos. 1 & 2 of 2010 (19 Nos.)
M.P.Nos.1& 2 of 2014 & M.P.Nos.1 & 2 of 2015
W.P.Nos.28892 to 28896, 29756 to 29760, 29845 to 29849 of 2012
M.P.Nos.1 & 2 of 2012 (15 Nos.)
W.P.Nos.7051, 22020 to 22025, 24153 to 24160, 24170 & 24171 of 2013
M.P.Nos.1 & 2 of 2013
M.P.Nos. 1, 2 & 3 of 2013 (16 Nos.) & M.P.No.1 of 2014 (16 Nos.)
W.P.Nos.32121, 33221 to 33225, 33563, 34012, 34013,
34133 to 34136, 34405, 34422 & 34423 of 2014
M.P.No.1 of 2014 (12 Nos.)
W.P.Nos.8869 to 8874, 10184 of 2015
M.P.No.1 of 2015 (7 Nos.)
W.P.Nos.3577, 3957, 4917 of 2016
and W.M.P.No.2942 of 2016
W.P.No.8924 of 2010 :-
Gomalavalli ... Petitioner
-Vs-
1. The Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai – 9.
2. The Chairman,
Tamil nadu Housing Board,
Nandanam, Chennai – 600 035. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 63
W.P.No.8924 to 8941 &17820 of 2010 etc.
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, to call for the
records of the first respondent in Letter No.16238/LA 1 (1)/2009-08, dated
10.03.2010 and quash the same and direct the first respondent to re-convey the
petitioner's land in Survey Nos.129/1, 129/2A1, 129/2A2 total extent of 0.16.5
hectares in Vellavedu Village, Poonamallee Taluk, Thiruvallur District.
For Petitioners
in W.P.Nos. 8924 to
8941 & 17820 of 2010 : Mr.AR.L.Sundaresan, Senior Counsel
For Mr.L.G.Sahadevan
in W.P.Nos.
28892 to 28896, 29756 to
29760, 29845 to 29849 of 2012,
7051, 22020 to 22025, 24153 to
24160, 24170 & 24171 of 2013
32121, 33221 to 33225, 33563,
34012, 34013, 34133 to 34136,
34405, 34422 & 34423 of 2014
8869 to 8874, 10184 of 2015
3577, 3957, 4917 of 2016 :Mr.S.Parthasarathy, Senior Counsel
For Mr.C.Veeraraghavan
For Respondents
in all W.Ps.
For R1 & R2 : Mr.S.Silambanan
Additional Advocate General-II
Assisted by Mr.M.R.Gokul Krishnan
Government Advocate
For R2/R3 : Mr.M.Baskar
Standing Counsel for Housing Board
https://www.mhc.tn.gov.in/judis
Page 2 of 63
W.P.No.8924 to 8941 &17820 of 2010 etc.
COMMON ORDER
All these Writ Petitions have been filed on three categories. The first one is, the Writ Petitions challenging the G.O.Ms.No.7, Housing and Urban Development Department, dated 03.01.2007. The second one is, the Writ Petitions challenging the rejection of request for reconveyance. The third one is, the Writ Petitions challenging the acquisition proceedings as lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after called as “the new Act”), on the ground that the possession has not been taken over and the compensation has also been not paid so far.
2. The government of Tamil Nadu had decided and announced the formation of Thirumazhisai Satellite Town, for the benefit of the public for better living accommodation. In this connection, the lands in adjoining villages to Thirumazhisai Village viz., Kuthambakkam, Vellavedu, Narasingapuram, Parvatharajapuram and Chembarambakkam, to an extent of 1694.98 acres were originally proposed to be acquired for formation of satellite town scheme by the Tamil Nadu Housing Board. The land acquisition proposal have been scrutinized and processed by the respective Special Tahsildars.
https://www.mhc.tn.gov.in/judis Page 3 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
3. The land acquisition proceedings were initiated and notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called as “the Act”) in G.O.Ms.No.376, Housing and Urban Development Department, dated 31.08.1999 and declaration under Section 6 of the Act in G.O.Ms.No.404, Housing and Urban Development Department, dated 06.10.2000 were issued for the purpose of satellite town scheme. Some of the land owners have challenged the notification issued under Section 4(1) of the Act and the declaration under Section 6 of the Act. Most of the Writ Petitions were allowed and the Writ Appeals filed by the Housing board were also dismissed. However some of the Writ Appeals were still pending before the Hon'ble Division Bench of this Court.
4. Admittedly, the subject lands are agricultural lands which were notified under Section 4(1) of the Act, for the scheme of satellite town.
Therefore, the agriculturalist belonging to the above said five villages, who were aggrieved by the acquisition proceedings, staged various protests and sent several representations to the Government of Tamil Nadu requesting to withdraw the Satellite Town Scheme. The Hon'ble Chief Minister of Tamil Nadu considered their request sympathetically and taken a policy decision on 21.12.2006 to drop the entire scheme. The said policy decision was published https://www.mhc.tn.gov.in/judis Page 4 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. in all the newspapers issued in the entire locality. The government also undertook to declare that the land which were notified under Section 4(1) of the Act, be declared as Special Agricultural Zone. Further the government of Tamil Nadu passed G.O.Ms.No.7, Housing and Urban Development Department, dated 03.01.2007, thereby decided to retain an extent of 467 acres of land, on the ground that in most of the cases award amount has been deposited and some of the cases award amount has been received by the land owners and some of the cases symbolic possession had already been taken over. On the basis of the said G.O., the first respondent had taken steps to issue withdrawal notification in respect of other lands.
5. After the G.O., all the affected farmers have formed an association called “All Village Vivasigal and Uzhavargal Pathukappu Nala Sangam” which is registered in Regn.No.494 of 2007 for the purpose of dropping the entire scheme as well as releasing the subject lands from the satellite town scheme which have been already acquired, on the ground that all the farmers are poor and mainly depend upon the agricultural products for their livelihood. Through the said association, they made several representations to the respondents to drop the scheme.
https://www.mhc.tn.gov.in/judis Page 5 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
6. The impugned government order in G.O.Ms.No.7 Housing and Urban Development Department dated 03.01.2007 is extracted as follows :-
Miz jkpHe; hL tPlL ; trjp thhpa nkyhz;ik ,af;Feh; muRf;F mDg;gpa[s;s jkJ jpUj;jpa fUj;JUtpy; fPH;f;fz;l tptu';fisj;
bjhptpj;Js;shh;/
(i) jpUkHpir Jizf;nfhs; efuk; mikf;f tPlL ; trjpj;Jiw mikr;rh; mth;fshy;
rl;lkd;wj;jpy; 21/08/1996 md;W mwptpg;g[ bra;ag;gl;L Fj;jk;ghf;fk;. bts;sntL. gh;tjuh$g[uk;. eurp'f; g[uk;. brk;guk;ghf;fk; Mfpa 5 fpuhk';fspy; epybkLg;g[ eltof;if 1998 Kjy; bjhl';fg;gl;L eltof;iffs; vLf;fg;gl;ld.
(ii) jpUkHpir g[wefh; jpl;lj;jpw;fhf ifafg;gLj;j jpl;lkplg;gl;l epy';fspd; bkhj;j gug;gst[ 1694/98 Vf;fh;. ,jpy; e";ir epy';fs; 743/35 Vf;fh; kw;Wk; g["i ; r epy';fs; 951/63 Vf;fh;.
,tw;wpy; 4(1) mwptpf;if btspaplg;gl;l epy';fspd; gug;gst[ 964/69 Vf;fh;. ,jpy; e";ir epy';fs; 546/23 Vf;fh; kw;Wk; g["i ; r epy';fs; 418/46 Vf;fh;
MFk;. 4(1) mwptpf;if btspaplgl ntz;oa epy';fspd; gug;gst[ 696/77 Vf;fh;. ,jpy; e";if https://www.mhc.tn.gov.in/judis Page 6 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. epy';fs; 197/12 Vf;fh; kw;Wk; g["i ; r epy';fs;
499/65 Vf;fh; MFk;/ mthh;L bra;ag;gl;l epy'[;fspd; gug;gst[ 466/49 Vf;fh;/ ,jpy; e";ir epy';fs; 371/59 Vf;fh; kw;Wk; g["i ; r epy';fs;
94/90 Vf;fh; MFk;/
(iii) ,j;jpl;lj;jpw;fhf ifafg;gLj;j fUj;JU bra;ag;gl;l 743/35 Vf;fh; e";ir epy';fspy; ,Jtiu 371/59 Vf;fh; epy';fSf;F Vw;fdnt jPht; hzk; tH';fg;gl;Ls;sJ/ ,tw;wpy; 235/67 Vf;fh; epy';fis jkpH;ehL tPlL ; trjp thhpak; trk; RthjPdk; bfhLf;fg;gl;Ls;sJ/ jPht; hzk; bra;J thhpak; trk; xg;gilf;fg;gl ntz;oa e";ir epyg;gug;gst[ 135/92 Vf;fh; MFk;/
(iv) nkyhz;ik ,af;Feh; jkpHe; hL tPlL ; trjp thhpak; mth;fs; jkJ fojj;jpy; jPht; hiz tH';fg;gl;l 135/92 Vf;fh; e";ir epy';fspy; 102/50 Vf;fh; e";ir epy';fs; kPJ tHf;Ffs; epYitapy; cs;sJ vd;Wk; kPjKs;s 33/42 Vf;fh; epy';fs; epybkLg;g[ mYtyuhy; epy chpikahsh;fsplkpUe;J RthjPdk; vLf;fg;gl;L thhpaj;jplk; xg;gilf;Fk; epiyapYs;sJ vd;Wk; epybkLg;g[ eltof;if epYitapYs;s 371/76 Vf;fh; e";ir epybkd;Wk; ,j;jpl;lj;jpw;F rhiyfs; https://www.mhc.tn.gov.in/judis Page 7 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. kw;Wk; mQqF rhiyfs; mikg;gjw;F njitahd 12/87 Vf;fh; epy';fis ifafg;gLj;j ntz;oa[s;sbjd;Wk;/ mQqF rhiyfs; mikf;f njitg;gLk; muR epy';fs; 12/65 Vf;fh; (ePh;epiyg; g[wk;nghf;F) muR epy';fis jkpH;ehL tPlL ; trjp thhpaj;jpw;F chpik khw;wk; bra;a ntz;Lk; vd;Wk; bjhptpj;J nkw;fhQqk; fUj;Jf;fspd; kPJ Miz ntz;oa[s;shh;/ 2/ jpUkHpir jpl;lj;jpy; ml';fpa fpuhk';fspYs;s tptrhapfs; tpis epy';fis ifafg;gLj;jpl ntz;lhbkd;W nfhhpf;if muRf;F itj;jdh;/ ,f;nfhhpf;ifia Ma;t[ bra;j muR 12/11/2006 md;W btspapl;l muR bra;jp btspaPl;oy; tpis epy';fis vLj;J rpwg;g[g; bghUshjhu kz;lyk; mikf;fg;glkhl;lhJ vd;Wk; Fj;jk;ghf;fk;. bts;sntL kw;Wk; Rw;wpa[s;s fpuk';fspnyh tptrhapfSf;Fr; brhe;jkhd ve;j e";ir epy';fSk; ifafg;gLj;jkhl;lhJ vd;W bjhptpf;fg;gl;lJ/ 3/ epybkLg;g[ rl;lj;jpd; fPH; bjhlug;gl;l eltof;if thapyhf 467 Vf;fh; epyj;jpw;F ,Hg;gPL https://www.mhc.tn.gov.in/judis Page 8 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. bjhif tH';fg;gl;L epyk; ifafg;gLj;jg;gl;Ls;sJ/ 20/12/2006 md;W btspapl;l jkpHf murpd; bra;jp Fwpg;gpy.; jkpHf bghJkf;fsplkpUe;J te;j nfhhpf;iffis Ma;t[ bra;j jkpHf muR ,e;jj; jpl;lj;ij bghWj;j tiuapy; ,dp ve;j epyj;ija[k; ed;bra; epykhf ,Ue;jhYk; my;yJ g[d;bra; epykhf ,Ue;jhYk;. ,e;jj; jpl;lj;jpw;fhf ifafg;gLj;Jtjpy;iy vdr; bra;jp btspapl;lJ/ 4/ ,e;epiyapy.; jpUkHpir Jizf;nfhs; efuk; mikg;gJ bjhlh;ghd nkyhz;ik ,af;Feh; jkpHe; hL tPlL ; trjp thhpak; mth;fspd; jpUj;jpa fUj;JUit muR ed;F Ma;t[ bra;jJ/ jpUkHpir jpl;lk; bray;gLj;JtJ bjhlh;ghf jPht; hzk;
tH';fg;gl;L jkpH;ehL tPlL
; trjp thhpaj;jpw;F
xg;gilf;fg;gl;l 235/67 Vf;fh; thhpaj;jpw;F
xg;gilf;fg;gl ntz;oa[s;s 33/42 Vf;fh;.
jPht; hzj;jpw;Fg; gpwF tHf;Ffs; rk;ge;jg;gl;l
102/50 Vf;fh; Mf bkhj;jk; 371/59 Vf;fh; ed;bra; epy';fs; jPht; hzk; tH';fg;gl;L thhpak; trk; xg;gilf;fg;glntz;oa 94/60 Vf;fh; g[d;bra; epy';fs; kw;Wk; ,j;jpl;lj;jpw;F njitahd rhiyfs; kw;Wk; mQFrhiyfSf;F njitg;gLk; https://www.mhc.tn.gov.in/judis Page 9 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. 12/87 Vf;fh; e";ir epy';fis jtpu. ,dp ve;j epyj;ija[k; ed;bra; epykhf ,Ue;jhYk; my;yJ g[d;bra; epykhf ,Ue;jhYk;/ ,e;j jpl;lj;jpw;fhf ifafg;gLj;Jtjpy;iy vd;W muR Kot[ bra;J mt;thnw MizapLfpwJ/ ,t;thiz muR bra;jp btspaPlhd 20/12/2006 Kjy; eilKiwf;F tUfpwJ.
5/ mQqFrhiyfs; mikg;gjw;F njitahd 12/65 Vf;fh; muR (ePh;epiy g[wk;nghf;F) epy';fis jkpHe; hL tPlL ; trjp thhpaj;jpw;F chpik khw;wk; bra;a mDkjp tH';fg;gLfpwJ/ ,J Fwpj;J jf;f fUj;JUtpid murpd; tUtha;j; Jiwf;F mDg;gp itf;FkhW nkyhz;ik ,af;Feh;. jkpHe; hL tPlL ; trjp thhpak; mth;fs;
nfl;Lf;bfhs;sg;gLfpwhh;/ 6/ ,j;jpl;lj;jpw;Fj; njitahd gl;lh. e";ir epy';fs;. g["i ; r epy';fs; kw;Wk; muR ePh;epiy g[wk;nghf;F epy';fis jkpHe; hL tPlL ; trjp thhpak; jf;f itj;Jf; bfhs;s chpa tHpKiwfis gpd;gw;wpapUf;fg;gl ntz;Lbkd;W jkpHe; hL tPlL ; trjp thhpa nkyhz;ik https://www.mhc.tn.gov.in/judis Page 10 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. ,af;FeUf;F muR mwptW [ j;JfpwJ/ 7/ ,t;thiz tUtha;j;Jiwapd;
m/rh/F/vz;/59232 epv2 2006?1/ ehs; 28/12/2006 ,irt[ld; btspaplg;gLfpwJ.” As per the above said G.O., 743.35 acres are nanja lands and 951.63 acres are punja lands. As per the notification issued under Section 4(1) of the Act, total extent of 964.69 acres in which, 546.23 acres are nanja lands and 418.46 acres are punja lands.
7. After the policy decision, the government of Tamil Nadu by the impugned G.O.Ms.No.7, decided to execute the Thirumazhisai Satellite Town scheme insofar as the land ad measuring 235.67 acres, which were already handed over to the Tamil Nadu Housing Board, after the award and the land ad measuring 33.42 acre to be handed over to the Tamil Nadu Housing Board and the land ad measuring 102.50 acres in which cases are pending before this Court, in total 371.59 acres of nanja land and 94.60 acres of punja lands. That apart, to form roads to access these lands, they proposed to acquire 12.87 acres of nanja lands. Except these lands, no other nanja or punja lands will be acquired for the Thirumazhisai Satellite Town Scheme.
https://www.mhc.tn.gov.in/judis Page 11 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
8. In view of the policy decision taken by the Tamil Nadu Government on 12.11.2006, some of the Writ Petitioners under the category of reconveyance, submitted their representation to reconvey their respective lands and they are willing to return the award amount which has already been received by them by way of compensation. Though symbolic possession of their respective lands were taken, all the petitioners are factually in possession and enjoyment of their lands and they are doing cultivation till today.
9. The learned Senior Counsels appearing for the petitioners in all the Writ Petitions submitted that once the government of Tamil Nadu took a policy decision to drop the entire Thirumazhisai Satellite Town scheme, it ought not to have passed the impugned G.O.Ms.No.7 dated 03.01.2007, to acquire the land ad measuring 467 acres alone and it amounts to violation of Article 14 of the Constitution of India. Even as per the G.O.Ms.No.7 dated 03.01.2007, the Government of Tamil Nadu decided not to acquire the punja land viz., wet land. However all the remaining lands are also wet lands and as such it is clear discrimination among the land owners. Out of 1694.98 acre of land, they dropped the acquisition proceedings except the land to an extent of 467 acres.
9.1. As per the G.O.Ms.No.7 dated 03.01.2007, the Government passed another Government Order in G.O.Ms.No.173, Revnue (L.D.5(2)) https://www.mhc.tn.gov.in/judis Page 12 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Department dated 13.06.2013. As per the said G.O., they proposed to acquire 12.65 acres land to form roads to access the lands which were sought to be acquired for the satellite scheme. As per the said G.O., the lands which were proposed to acquire are classified as Sand, Kulakkarai, Kuttai, Vaikal & Odai.
All the classification are nothing but water bodies which are situated near Chembarampakkam Lake.
9.2. They further submitted that already the Chennai City was flooded with excess water out of the Chembarampakkam Lake during the year 2015. If the land mentioned in the G.O.Ms.No.173 dated 13.06.2013, acquired to lay road to access the main land, it would be flooded with water whenever the Chembarampakkam Lake is filled up with full water level. Therefore, larger interest of public should be protected by dropping the entire satellite scheme. In fact, the Tamil Nadu Government dropped the entire scheme by the policy decision on 12.11.2006, which was published in all the newspapers and also declared that the land situated in all these villages to be declared as Special Agricultural Zone. The person who already received the compensation after the award are ready to return the same with interest at the rate of 6 % per annum.
More over all the petitioners are in possession and enjoyment of their respective lands and all are cultivating the same viz., paddy and other essential crops. In https://www.mhc.tn.gov.in/judis Page 13 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. fact, near the Chennai city, these villages are back bone to the entire Tamil Nadu to produce the agricultural products such as paddy, vegetables and other essential commodities.
9.3. The learned Senior Counsels appearing for the petitioners would further submit that some of the Writ Petitions have been filed challenging the acquisition proceedings as lapsed under Section 24(2) of the new Act on the ground that the petitioners are in absolute peaceful possession and enjoyment of their respective lands. The land acquisition proceedings were initiated by issuing notification under Section 4(1) of the Act and followed by declaration under Section 6 of the Act and thereafter award has been passed. But even till today, no compensation has been deposited before the Court as per Section 31 of the Act. Further, the respondents have not taken even symbolic possession in respect of the subject property.
9.4. The learned Senior Counsels appearing for the petitioners further submitted that the Government of Tamil Nadu as well as the Union of India on one hand protect the agricultural land to produce agricultural commodities and on the other hand to develop the State or Country, proposed to acquire the agricultural land. Therefore, they cannot take two stands while protecting the https://www.mhc.tn.gov.in/judis Page 14 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. agricultural lands. In support of their contention, they relied upon the judgment the following reported judgments :-
(i) CDJ 2010 MHC 5036 – Kovai Medial Centre Research & Educational Trust & ors Vs. The State of Tamil Nadu & ors
(ii) Order dated 19.09.2012 in S.L.P.(Civil).CC.No.14582-14634 of 2012 – M.D., Tamil Nadu Housing Board Vs. C.Selvaraj & ors.
(iii) 2013 (4) SCC 210 – Usha Stud & Agricultural Farms Pvt Ltd., & ors Vs. State of Haryana & ors.
(iv) 2013 (11) SCC 500 – Ram Lal Motiramji Tayade Vs. Special land Acquisition Officer & ors.
(v) 2011 (5) CTC 505 - Tamil Nadu Housing Board and Ors. vs. Uma Maheswari Ramasamy and Ors.
10. Per contra, the learned Standing counsel appearing for the Tamil Nadu Housing Board filed counter and Mr.S.Silambanan, learned Additional Advocate General-II submitted that, the G.O.Ms.No.7 dated 03.01.2007 is very clear that leaving the wet land, for the Thirumazhisai Satellite Scheme, the Government proposed to acquire the lands other than the wet land to an extent of 467 acres. In fact, already the scheme has been implemented under Phase-1 of Thirumazhisai Satellite Divison in respect of 120 acres land. After passing the Government Order in G.O.Ms.No.7 dated 03.01.2007, the Tamil Nadu Government passed another order in G.O.Ms.173 dated 13.06.2013, proposed to acquire the land ad measuring 12.65 acres comprised in various survey https://www.mhc.tn.gov.in/judis Page 15 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. numbers in all the villages. Now they decided to drop the said proposal and acquired only one acre of land to form road to access the main lands. They formed roads to access those property, which were acquired for the satellite scheme in the cannel and those lands no way affects the proposed lands and also the Chembarambakkam Lake.
10.1. He further submitted that some of the land owners filed Writ Petitions challenging the acquisition proceedings and those Writ Petitions were allowed by this Court. Aggrieved by the same the Tamil Nadu Housing Board preferred Writ Appeals and some of the Writ Appeals are still pending. In all the present Writ Petitions, the award has been passed and symbolic possession have been taken over. In fact, some of the petitioners have received their compensation amount for their respective lands which were already acquired.
Therefore, all the Writ Petitions are not at all maintainable and liable to be dismissed. After receipt of the compensation, some petitioners sought for reconveyance and their requests were rightly denied, since it is not a matter of their right for reconveyance. That apart, the lands which are sought to be reconveyed are already implemented under the satellite scheme as such, they are not at all entitled for reconveyance. Some of the land owners already sought for reconveyance and filed Writ Petitions challenging the rejection of https://www.mhc.tn.gov.in/judis Page 16 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. reconveyance before this Court and all the Writ Petitions were dismissed by observing that in the light of the decision of the Government to utilise the acquired property for implementation of Thirumazhisai Satellite Scheme, the petitioners cannot claim reconveyance of their land as a matter of right. Hence, he prayed for dismissal of all the Writ Petitions. In support of his contention, he relied upon the judgment of this Court in W.P.No.2660 of 2014 dated 12.07.2021 in the case of R.Rajathi Vs. The Secretary to Government and ors.
11. Heard Mr.AR.L.Sundaresan, learned Senior Counsels appearing for the petitioners in W.P.Nos. 8924 to 8941 & 17820 of 2010, Mr.S.Parthasarathy, learned Senior Counsels appearing for the petitioners in other Writ Petitions, Mr.S.Silambanan, learned Additional Advocate General-II, appearing for the respondents 1 & 2 and Mr.M.Baskar, learned Standing Housing appearing for the Tamil Nadu Housing Board.
12. Admittedly, some of the land owners have already challenged the acquisition proceedings before this Court and quashed the acquisition proceedings and which were also confirmed in the Writ Appeals. Though some of the Writ Appeals are still pending, the present Writ Petitions have been filed https://www.mhc.tn.gov.in/judis Page 17 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. under three categories as stated supra and the same is shown as follows:-
I. Challenging G.O. Ms.No.7 dated 03.01.2007 :-
Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation)
1. 17820 P.Partha Kutham 683/1A 0.67.5 2/02, Award amount 12.08.03 1234 /2010 sarathy bakkam 1B, 02.12.02 paid and also 684/2 Enhanced Compensation paid on 27.09.2021 As per G.O. Ms. No. 160 dt 26.06.2013 Krishnappa Kutham 654/1A 0.26.5 1/03, Award 18.08.03 2223 Naicker bakkam 1 10.02.03 Amount paid and also Enhanced Compensation Amount paid on 29.05.14.
As per G.O Ms.160 dt.26.06.13 Krishnappa Parvath 74,123, 1.36.5 7/02, Judgement 30.07.03 191, Naicker arajapur 124/1, 6/02 delivered in 183 am 57/1, 25.11.02 LAOP the EC 12.01.07 57/3 1/06 amount 25.07.06 deposite @ Poonamallee Court for S.No.74, 57/1, 57/3 and Civil Court Deposit under section 30 and 31(2) of 1894 LA Act. LAOP https://www.mhc.tn.gov.in/judis Page 18 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) No.61/ 2016 for S.No.123, 124/1.
C.Sekar Kutham 687/2A 0.19.5 1/02, Award 12.08.03 2223 705/2, bakkam 02.12.02 Amount paid and also Enhanced Compen-
sation Amount Paid on dt.
17.12.19 as per G.O. MS.No. 160 dt 26.06.13 S.Kuppuswa Kutham 683/3C 0.80.0 2/02, Award amount 12.08.03 1234, my bakkam 704/1, 02.12.02 paid and also 2223 3 1/02, Enhanced 702/2, 02.12.02 Compensation 703, paid on 715/9A 18.07.2018.
As per G.O. Ms. No. 160 dt 26.06.2013.
S. No. 704/1, 715/9A Civil Court deposit under section 30 and 31(2) of 1894 LA Act. LAOP No.38/07.
Parvathi Kutham 687/1A 0.51.0 1/02, Award 12.08.03 2223 bakkam 2B2, 02.12.02 Amount paid and also Enhanced Compen sation https://www.mhc.tn.gov.in/judis Page 19 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) Amount Paid on 17.12.19 as per G.O.MS.
No.160 dt
26.06.13
Govindaraj Chemb 43/4 0.25.0 5/06, Civil Court 06.08.09 1371
aramba 10.11.06 deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.58/2016
Mariammal Chemb 42/2 0.24.0 5/06, Civil Court 06.08.09 1371
aramba 10.11.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP No.59/
2016
M.Renganat Chemb 42/8 0.27.5 5/06, Civil Court 06.08.09 1371
han aramba 10.11.06 deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.58/2016
Vanaja Chemb 42/4, 0.83.5 5/06, Civil Court 06.08.09 1371
aramba 42/6, 8 10.11.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP No.56/
2016, 58/2016
V.Ramalinga Kutham 721/2A 1.38.5 2/02, Civil Court 12.08.03 1234
m bakkam 2B, 4, 02.12.02 Deposit in
722/1A LAOP
https://www.mhc.tn.gov.in/judis Page 20 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 1, 1A2, No.168/2004 2B, and Award 724/2, amount paid in 3 S.No.722/2B EC paid on 30.06.15 G.O.160 dt.26.06.13 Bhavani Kutham 114/2B 0.31.0 2/03, Civil Court 20.4.04 1234 bakkam 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.10/2005
Prabhavathy Vellave 114/1D 0.16.5 1/02, Award amount 30.07.03 5
du 123/2A 20.09.02 Received and
124/1B Section 18
reference in
LAOP
No.28/03 is
Pending in Sub
Court
Poonamallee
V.L.Packian Vellave 107/1, 0.70.5 1/02, Award amount 30.07.03 5
athan du 2, 108 20.09.02 Received
Section 18
reference in
LAOP
No.43/03,
37/03 is
Pending in Sub
Court
Poonamallee
B.Elumalai Parvath 85/3B 0.19.0 7/02, Award amount 30.07.03 191
arajapur 25.11.02 received & As
am per the
https://www.mhc.tn.gov.in/judis Page 21 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) judgement delivered in LAOP the EC amount deposite @ Poonamallee Court V.Prema Parvath 72/1 0.36.5 7/02, Award amount 30.07.03 191 arajapur 25.11.02 received & As am per the judgement delivered in LAOP the EC amount deposite @ Poonamallee Court K.Dasaratha Parvath 89/1, 2, 0.39.5 1/06 S.No.111/2 - 12.01.07 1,91, n arajapur 112/1, 25.07.06 Civil Court 183 am 111/2 8/02 Deposit in 25.11.02 LAOP No.60/2016 S.No.89/1,2, 112/1 - Civil Court Deposit in LAOP Nos.238/08,24 0/08.
Narasin 37/1, 2, 0.59.0 2/02, Civil Court 30.07.03 87
gapura 42 20.09.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
No.62/2016
https://www.mhc.tn.gov.in/judis Page 22 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) M.Nages Narasin 34, 71 0.50.0 2/02, Civil Court 30.07.03 87,92 wara Rao gapura 20.09.02 Deposit under m 4/02, section 30 and 25.11.02 31(2) of 1894 LA Act. S.No. 34 - LAOP No.63/2016 and S.No. 71 -
LAOP
No.274/03
Parvath 105/4 0.05.0 8/02 (Award 30.07.03 191
arajapur 25.11.02 Amount)
am Revenue
Deposit
Ehirajammal Narasin 64 0.14.0 2/02 Award 30.07.03 87
gapura 20.09.02 Amount paid
m and also EC
Amount Paid
on 31.08.2015
as per
G.O.MS.No.1
60 dt 26.06.13
Devika Rani Narasin 33 0.50.5 2/02, Civil Court 30.07.03 87
gapura 20.09.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
No.59/03
Komala Vellave 130/1A 0.20.0 1/02, Civil Court 30.07.03 5
du 20.09.02 Deposit under
section 30 and
31(2) of 1894
LA Act.
LAOP
No.50/03
https://www.mhc.tn.gov.in/judis Page 23 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation)
2. 24159 B.Sankar Kutham 644/1, 0.895 1/03, Civil Court 18.08.03 2223 /2013 bakkam 692 10.02.03 Deposit under 12.08.03 1/02, section 30 and 02.12.02 31(2) of 1894 LA Act.
LAOP No.279/04, 37/07
3. 24158 V.Navaneeth Kutham 719 & 0.430 2/02 Award amount 12.08.03 1234 /2013 am bakkam 720 02.12.02 paid and also Enhanced Compensation paid on 27.09.2021.
As per G.O. Ms. No. 160 dt 26.06.2013.
4. 8941/ Komalavalli Vellave 129/1, 0.040, 1/02, Civil Court 30.07.03 5 2010 du 2A1, 0.020, 20.09.02 Deposit under challe 2A2 0.105 section 30 and nging 31(2) of 1894 G.O.7 LA Act.
& also LAOP
additi No.41/15
onal Chinnammal Parvath 8/1A1, 0.145, 5/02, Award amount 30.07.03 191
affida arajapur 1B1 0.140 25.11.02 received & As
vit am per the
under judgement
sectio delivered in
n LAOP the
24(2) Enhanced
of the Compensation
New amount
Act deposite @
Poonamallee
Court
D.Amudha Parvath 76/1 0.25 7/02, Award amount 30.07.03 191
https://www.mhc.tn.gov.in/judis Page 24 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) arajapur 25.11.02 received & As am per the judgement delivered in LAOP the Enhanced Compensation amount deposite @ Poonamallee Court Vasantha Vellave 129/2B 0.010, 1/02, Award amount 30.07.03 5 du 1, 2B2, 0.105, 20.09.02 received & 2B3 0.005 18th Ref.
LAOP 36/03 pending in
Sub-court,
Poonamallee
Jayavelu Vellave 103/2, 0.075, 1/02, Award amount 30.07.03 5
du 3, 0.325, 20.09.02 received &
122/1A 0.225, 18th Ref.
1B, 0.100, LAOP 59/05
103/1, 0.155, & 57/05
4B, 0.245, pending in
4C, 0.035, Sub-court,
130/1B 0.035, Poonamallee
2, 3 0.095,
0.060
(2417 Bhavani Vellave 128 0.045 1/02, Award amount 30.07.03 5
0/201 du 20.09.02 received &
3) 18th Ref.
LAOP 29/03
pending in
Sub-court
Poonamallee
V.K.Samban Vellave 125, 0.105, 1/02, Award amount 30.07.03 5
than du 126/2 0.090 20.09.02 received &
https://www.mhc.tn.gov.in/judis Page 25 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 18th Ref.
LAOP 38/03,
pending in
Sub-court,
Poonamallee
V.K.Sukum Vellave 114/2A 0.160, 1/02, Award amount 30.07.03 5 ar du 2B 0.380 20.09.02 received & 18th Ref.
LAOP
No.35/03
pending in
Sub-court,
Poonamallee
Indirani Parvath 125/1A 0.055, 1/06, Civil Court 12.01.07 183
arajapur 6, 12, 0.155, 25.07.06 Deposit under am 161/1, 0.030, section 30 and 152/2B 0.345, 31(2) of 1894 3A & 0.030, LA Act.
152/2B 0.080 LAOP 1 No.34/15 & 35/15 V.Udayaku Chemb 8/1, 2, 0.215, 2/06, Civil Court 06.08.09 1371 mar aramba 3 0.370, 25.08.06 Deposit under kkam 0.165 section 30 and 31(2) of 1894 LA Act. LA OP No.39/15 Kousalya Chemb 14/3B 0.245 3/06 Civil Court 06.08.09 1371 aramba 25.08.06 Deposit under kkam section 30 and 31(2) of 1894 LA Act. LAOP No.31/15 S.Saraswathi Chemb 13/6, 0.115, 3/06 Civil Court 06.08.09 1371 aramba 14/3A 0.125 25.08.06 Deposit under
https://www.mhc.tn.gov.in/judis Page 26 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) kkam section 30 and 31(2) of 1894 LA Act.
LAOP
No.38/15
Elumalai Parvath 3/1B 0.280 5/02, Award amount 30.07.03 191
arajapur 25.11.02 received & As
am per the
judgement
delivered in
LAOP the EC
amount
deposite @
Poonamallee
Court
Kanniammal Parvath 78/2, 0.625, 7/02, Award amount 30.07.03 191
arajapur 87/2 0.225 25.11.02 received & As &
am 1/06, per the 183
25.07.06 judgement
delivered in
LAOP the EC
amount
deposite @
Poonamallee
Court in
S.No.78/2 &
CCD under
section 30 and
31(2) of 1894
LA Act.
LAOP
No.163/15 in
S.No.87/2
Duraisamy Parvath 125/9, 0.055, 1/06, Civil Court 12.01.07 183
Naicker arajapur 129/3A 0.010, 25.07.06 Deposit under
am 2A, 0.020 section 30 and
3A2B 31(2) of 1894
https://www.mhc.tn.gov.in/judis Page 27 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) LA Act.
LAOP No.33/15, 36/15 & 37/15
5. 24154 P.M.Sankara Narasin 60 & 0.665 2/02, Civil Court 30.07.03 87 /13 n gapura 61 20.09.02 Deposit under m section 30 and 31(2) of 1894 LA Act.
LAOP NO.27/15
6. 24160 D.Baskar Kutham 75 & 0.560 2/03 Civil Court 20.04.04 1234 /13 bakkam 76/1 19.09.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP No.32/05
7. 22023 P.Ambujam Parvath 94 0.545 8/02, Civil Court 30.07.03 191 /13 arajapur 25.11.02 Deposit under am section 30 and 31(2) of 1894 LA Act.
LAOP No.32/15 8 22025 Sundaramoo Vellave 110 & 0.475 1/02, Award amount 30.07.03 5 /13 rthy du 111/2 20.09.02 received on 13.05.2003 9 24170 Bhavani Kutham 114/2B 0.31.0 2/03, Civil Court 20.4.04 1234 /13 bakkam 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP https://www.mhc.tn.gov.in/judis Page 28 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) No.10/2005 10 24155 B.Gajendran Chemb 13/3B1 0.230 3/06, Civil Court 06.08.09 1371 /13 aramba 3B2 25.08.06 Deposit under kkam section 30 and 31(2) of 1894 LA Act.
LAOP No.40/15 11 24153 P.Muthu Kutham 72 & 0.860 2/03, Civil Court 20.4.04 1234 /13 bakkam 76/4 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
NO.11/05
12 22021 V.Deenaban Kutham 84, 85, 2.535 2/03, Civil Court 20.04.04 2223
/13 du bakkam 86, 87, 19.09.03 Deposit under &
107/2 section 30 and 1234
& 31(2) of 1894
108/2 LA Act.
LAOP
No.12/05
13 24156 D.Madavan Narasin 63/2A, 0.190 2/02, Civil Court 30.07.03 87
/13 Possession gapura 2B 20.09.02 Deposit under
Not Taken m section 30 and
over 31(2) of 1894
LA Act.
LAOP
NO.58/03 for
S. No 63/2A
and Revenue
Deposit for
S.No. 63/2B
14 22022 K.N.Manava Kutham 79 0.490 2/03, Civil Court 20.04.04 1234
/13 lan bakkam 19.09.03 Deposit under
section 30 and
https://www.mhc.tn.gov.in/judis Page 29 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 31(2) of 1894 LA Act.
LAOP
No.19/05
15 22024 V.Baskaran Narasin 59/2 0.350 2/02, Civil Court 30.07.03 87
/13 gapura 20.09.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
No.57/03
16 24157 K.E.Muruga Narasin 105, 0.905 4/02, Civil Court 30.07.03 92
/13 n gapura 106 25.11.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
NO.30/15
17 22020 S.Rajalaksh Parvath 125/2B 0.255 1/06, Civil Court 12.01.07 183
/13 mi arajapur 3 & 4 25.07.06 Deposit under
am section 30 and
31(2) of 1894
LA Act.
LAOP
No.236/08
18 24171 Umakandan Narasin 70/1, 0.500 4/02 Revenue 30.07.03 92
/13 gapura 80/2, 25.11.02 Deposit
m 81/1 (Award
Amount)
II. Challenging the rejection order of reconveyance :-
https://www.mhc.tn.gov.in/judis Page 30 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation)
1. 8924/ Komalavalli Vellave 129/1, 0.040, 1/02, Civil Court 30.07.03 5 10 du 2A1, 0.020, 20.09.02 Deposit under 2A2 0.105 section 30 and 31(2) of 1894 LA Act.
LAOP No.41/15 2 8933/ Chinnammal Parvath 8/1A1, 0.145, 5/02, Award amount 30.07.03 191 10 arajapur 1B1 0.140 25.11.02 received & As am per the judgement delivered in LAOP the Enhanced Compensation amount deposite @ Poonamallee Court 3 8931/ D.Amudha Parvath 76/1 0.25 7/02, Award amount 30.07.03 191 10 arajapur 25.11.02 received & As am per the judgement delivered in LAOP the Enhanced Compensation amount deposite @ Poonamallee Court 4 8928/ Vasantha Vellave 129/2B 0.010, 1/02, Award amount 30.07.03 5 10 du 1, 2B2, 0.105, 20.09.02 received & 2B3 0.005 18th Ref.
LAOP 36/03pending in https://www.mhc.tn.gov.in/judis Page 31 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) Sub-court, Poonamallee 5 8929/ Jayavelu Vellave 103/2, 0.075, 1/02, Award amount 30.07.03 5 10 du 3, 0.325, 20.09.02 received & 122/1A 0.225, 18th Ref.
1B, 0.100, LAOP 59/05 103/1, 0.155, & 57/05 4B, 0.245, pending in
4C, 0.035, Sub-court,
130/1B 0.035, Poonamallee
2, 3 0.095,
0.060
6 8930/ Bhavani Vellave 128 0.045 1/02, Award amount 30.07.03 5
10 du 20.09.02 received &
18th Ref.
LAOP 29/03
pending in
Sub-court
Poonamallee
7 8925/ V.K.Samban Vellave 125, 0.105, 1/02, Award amount 30.07.03 5
10 than du 126/2 0.090 20.09.02 received &
18th Ref.
LAOP 38/03,
pending in
Sub-court,
Poonamallee
8 8926/ Tiripurasund Vellave 106, 0.215, 1/02, Award amount 30.07.03 5
10 ari du 114/1B 0.285, 20.09.02 received &
1C, 0.165, 18th reference
127 0.650 LAOP
No.60/05
pending in
Sub-court,
Poonamallee
9 8927/ V.K.Sukum Vellave 114/2A 0.160, 1/02, Award amount 30.07.03 5
10 ar du 2B 0.380 20.09.02 received &
https://www.mhc.tn.gov.in/judis Page 32 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 18th Ref.
LAOP
No.35/03
pending in
Sub-court,
Poonamallee
10 8937/ Indirani Parvath 125/1A 0.055, 1/06, Civil Court 12.01.07 183
10 arajapur 6, 12, 0.155, 25.07.06 Deposit under
am 161/1, 0.030, section 30 and
152/2B 0.345, 31(2) of 1894
3A & 0.030, LA Act.
152/2B 0.080 LAOP
1 No.34/15 &
35/15
11 8938/ V.Udayaku Chemb 8/1, 2, 0.215, 2/06, Civil Court 06.08.09 1371
10 mar aramba 3 0.370, 25.08.06 Deposit under
kkam 0.165 section 30 and
31(2) of 1894
LA Act.
LAOP
No.39/15
12 8939/ Kousalya Chemb 14/3B 0.245 3/06 Civil Court 06.08.09 1371
10 aramba 25.08.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.31/15
13 8940/ S.Saraswathi Chemb 13/6, 0.115, 3/06 Civil Court 06.08.09 1371
10 aramba 14/3A 0.125 25.08.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.38/15
14 8934/ Elumalai Parvath 3/1B 0.280 5/02, Award amount 30.07.03 191
https://www.mhc.tn.gov.in/judis Page 33 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 10 arajapur 25.11.02 received & As am per the judgement delivered in LAOP the EC amount deposite @ Poonamallee Court.
15 8932/ Kanniammal Parvath 78/2 0.625 7/02, Award amount 30.07.03 191
10 arajapur 25.11.02 received & As
am per the
judgement
delivered in
LAOP the EC
amount
deposite @
Poonamallee
Court.
16 8935/ Kanniammal Parvath 87/2 0.225 1/06, Civil Court 12.01.07 183
10 arajapur 25.07.06 Deposit under
am section 30 and
31(2) of 1894
LA Act.
LAOP
No.163/15
17 8936/ Duraisamy Parvath 125/9, 0.055, 1/06, Civil Court 12.01.07 183
10 Naicker arajapur 129/3A 0.010, 25.07.06 Deposit under
am 2A, 0.020 section 30 and
3A2B 31(2) of 1894
LA Act.
LAOP
No.33/15,
36/15 & 37/15
18 28892 P.M.Sankara Narasin 60 & 0.665 2/02, Civil Court 30.07.20 87
/12 n gapura 61 20.09.02 Deposit under 03
m section 30 and
https://www.mhc.tn.gov.in/judis Page 34 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 31(2) of 1894 LA Act.
LAOP NO.27/15 19 28894 D.Baskar Kutham 75 & 0.560 2/03 Civil Court 20.04.04 1234 /12 bakkam 76/1 19.09.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.32/05
20 28895 P.Ambujam Parvath 94 0.545 8/02, Civil Court 30.07.20 191
/12 arajapur 25.11.02 Deposit under 03
am section 30 and
31(2) of 1894
LA Act.
LAOP
No.32/15
21 28893 Sundaramoo Vellave 110 & 0.475 1/02, Award amount 30.07.03 5
/12 rthy du 111/2 20.09.02 received on
13.05.2003
22 29756 B.Gajendran Chemb 13/3B1 0.230 3/06, Civil Court 06.08.09 1371
/12 aramba , 3B2 25.08.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.40/15
23 29758 B.Sankar Kutham 644/1, 0.895 1/03, Civil Court 18.08.03 2223
/12 bakkam 692 10.02.03 Deposit under 12.08.03
1/02, section 30 and
02.12.02 31(2) of 1894
LA Act.
LAOP
No.279/04,
37/07
https://www.mhc.tn.gov.in/judis Page 35 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 24 29759 P.Muthu Kutham 72 & 0.860 2/03, Civil Court 20.4.04 1234 /12 bakkam 76/4 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP NO.11/05 25 29760 V.Navaneeth Kutham 719 & 0.430 2/02 Award amount 12.08.03 1234 /12 am bakkam 720 02.12.02 paid and also Enhanced Compensation paid on 27.09.2021.
As per G.O. M.S No. 160 dt 26.06.13.
26 29757 M.Vedhavall Narasin 70/2 0.180 4/02 Civil Court 30.07.03 92
/12 i gapura 25.11.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
No.57/16
27 29845 V.Deenaban Kutham 84, 85, 2.535 2/03, Civil Court 20.04.20 2223
/12 du bakkam 86, 87, 19.09.03 Deposit under 04 &
107/2 section 30 and 1234
& 31(2) of 1894
108/2 LA Act.
LAOP
No.12/05
28 29846 D.Madavan Narasin 63/2A, 0.190 2/02, Civil Court 30.07.03 87
/12 gapura 2B 20.09.02 Deposit under
m section 30 and
https://www.mhc.tn.gov.in/judis Page 36 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 31(2) of 1894 LA Act.
LAOP NO.58/03 for S. No 63/2A and Revenue Deposit for S.No. 63/2B Possession Not Taken over 29 29847 K.N.Manava Kutham 79 0.490 2/03, Civil Court 20.04.04 1234 /12 lan bakkam 19.09.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.19/05
30 29848 V.Baskaran Narasin 59/2 0.350 2/02, Civil Court 30.07.03 87
/12 gapura 20.09.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
No.57/03
31 29849 K.E.Muruga Narasin 105, 0.905 4/02, Civil Court 30.07.03 92
/12 n gapura 106 25.11.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
NO.30/15
32 7051/ S.Rajalaksh Parvath 125/2B 0.255 1/06, Civil Court 12.01.07 183
13 mi arajapur , 3 & 4 25.07.06 Deposit under
am section 30 and
31(2) of 1894
LA Act.
https://www.mhc.tn.gov.in/judis Page 37 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) LAOP No.236/08 33 28896 Bhavani Kutham 114/2B 0.31.0 2/03, Civil Court 20.4.04 1234 /12 bakkam 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP No.10/2005 https://www.mhc.tn.gov.in/judis Page 38 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. III. Challenging the acquisition proceedings as lapsed under Section 24(2) of the New Act :-
Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 1 8874/ B.Sankar Kutham 644/1, 0.895 1/03, Civil Court 18.08.03 2223 15 bakkam 692 10.02.03 Deposit under 12.08.03 1/02, section 30 and 02.12.02 31(2) of 1894 LA Act.
LAOP No.279/04, 37/07 2 3577/ Saradambal Parvath 85/1, 0.42.5 7/02 Award amount 30.07.03 191 16 & 2 others arajapur 85/2B 21.11.02 received & As am per the judgement delivered in LAOP the Enhanced Compensation amount deposite @ Poonamallee Court 3 3957/ Lalitha & 5 Kutham 75,76/1 0.56.0 2/03, Civil Court 20.04.04 1234 16 others bakkam 19.09.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.32/05
4 4917/ VijayanSugu Parvath 115/2, 0.64.0 1/06 (Award 12.01.07 183
16 maran arajapur 116/1,2 25.07.06 Amount)
am ,3 Revenue
Deposit
https://www.mhc.tn.gov.in/judis Page 39 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 5 34013 Bhavani Kutham 114/2B 0.31.0 2/03, Civil Court 20.4.04 1234 /14 bakkam 19.9.03 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.10/2005
6 33221 P.M.Sankara Narasin 60 & 0.665 2/02, Civil Court 30.07.20 87
/14 n gapura 61 20.09.02 Deposit under 03
m section 30 and
31(2) of 1894
LA Act.
LAOP
NO.27/15
7 33222 P.Ambujam Parvath 94 0.545 8/02, Civil Court 30.07.20 191
/14 arajapur 25.11.02 Deposit under 03
am section 30 and
31(2) of 1894
LA Act.
LAOP
No.32/15
8 33223 Gajavel Chemb 42/1A, 0.245, 5/06, Civil Court 06.08.09 1371
/14 aramba 1B 0.245 10.11.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.21/15 &
23/15
9 33224 S.Gowri Chemb 44/1 0.785 5/06, Civil Court 06.08.09 1371
/14 aramba 10.11.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.22/15
https://www.mhc.tn.gov.in/judis Page 40 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 10 33225 Gnanaprakas Chemb 42/5, 1.520 5/06, Civil Court 06.08.09 1371 /14 am aramba 43/1, 10.11.06 Deposit under kkam 43/3 section 30 and 31(2) of 1894 LA Act.
LAOP No.24/15 11 8870/ M.Sundaram Kutham 708/1 0.245 1/02, Civil Court 12.08.03 2223 15 bakkam 02.12.02 Deposit under section 30 and 31(2) of 1894 LA Act.
LAOP
No.30/07
12 8871/ T.M.Ekamb Chemb 45/4 0.595 5/06, Award amount 06.08.09 1371
15 aram aramba 10.11.06 paid and also
kkam Enhanced
Compensation
paid on
14.09.2020.
As per G.O.
M.S. No. 160
dt 26.06.13.
13 8872/ Sundaramoo Vellave 110 & 0.475 1/02, Award amount 30.07.03 5
15 rthy du 111/2 20.09.02 received on
13.05.2003
14 8873/ B.Gajendran Chemb 13/3B1 0.230 3/06, Civil Court 06.08.09 1371
15 aramba , 3B2 25.08.06 Deposit under
kkam section 30 and
31(2) of 1894
LA Act.
LAOP
No.40/15
15 34012 P.Muthu Kutham 72 & 0.860 2/03, Civil Court 20.4.04 1234
/14 bakkam 76/4 19.9.03 Deposit under
section 30 and
https://www.mhc.tn.gov.in/judis Page 41 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) 31(2) of 1894 LA Act.
LAOP
NO.11/05
16 32121 V.Deenaban Kutham 84, 85, 2.535 2/03, Civil Court 20.04.20 2223
/14 du bakkam 86, 87, 19.09.03 Deposit under 04 &
107/2 section 30 and 1234
& 31(2) of 1894
108/2 LA Act.
LAOP
No.12/05
17 34405 Danasekaran Kutham 724/1A 0.445 2/02, Civil Court 12.08.03 2223
/14 bakkam , 1B, 02.12.02 Deposit under &
726/2 section 30 and 1234
31(2) of 1894
LA Act.
LAOP
No.167/04
18 34423 D.Madavan Narasin 63/2A, 0.190 2/02, Civil Court 30.07.03 87
/14 gapura 2B 20.09.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
NO.58/03 for
S. No 63/2A
and Revenue
Deposit for
S.No. 63/2B
Possession Not
Taken over
19 10184 K.N.Manava Kutham 79 0.490 2/03, Civil Court 20.04.04 1234
/15 lan bakkam 19.09.03 Deposit under
section 30 and
31(2) of 1894
LA Act.
LAOP
https://www.mhc.tn.gov.in/judis Page 42 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) No.19/05 20 34422 V.Baskaran Narasin 59/2 0.350 2/02, Civil Court 30.07.03 87 /14 gapura 20.09.02 Deposit under m section 30 and 31(2) of 1894 LA Act.
LAOP
No.57/03
21 8869/ K.E.Muruga Narasin 105, 0.905 4/02, Civil Court 30.07.03 92
15 n gapura 106 25.11.02 Deposit under
m section 30 and
31(2) of 1894
LA Act.
LAOP
NO.30/15
22 34135 S.Rajalaksh Parvath 125/2B 0.255 1/06, Civil Court 12.01.07 183
/14 mi arajapur , 3 & 4 25.07.06 Deposit under
am section 30 and
31(2) of 1894
LA Act.
LAOP
No.236/08
23 33563 Yamuna Parvath 7 ,20 0.930 5/02, Award amount 20.04.04 191
/14 arajapur 25/11/02 received &
am 18th Ref.
LAOP No.
116/04,
pending in
Sub-court,
Poonamallee
24 34133 Kothai Parvath 115/4 0.265 1/06, Civil Court 12.01.07 183
/14 nayaki arajapur 25.07.06 Deposit under
am section 30 and
31(2) of 1894
LA Act.
LAOP
https://www.mhc.tn.gov.in/judis Page 43 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Land Details Land Acquisition Details Nature of Deposit Date of Sl. W.P. Petitioners' Extent Award (Award taken No Nos Name in Patta Village S.No. No. & Amount & over Hect- Nos Date Enhanced possessi are Compen on sation) NO.25/15 25 34134 Loganathan Parvath 126/9 0.250 1/06, Civil Court 12.01.07 183 /14 arajapur pt 25.07.06 Deposit under am section 30 and 31(2) of 1894 LA Act.
LAOP
NO.26/15
26 34136 Suresh Parvath 113/1B 0.445 1/06, Civil Court 12.01.07 183
/14 Kumar arajapur 2, 25.07.06 Deposit under
am 114/1A section 30 and
2B 31(2) of 1894
LA Act.
LAOP
NO.29/15
13. Admittedly, the Government of Tamil Nadu had taken policy decision to drop the entire Thirumazlisai Satellite Town scheme on 12.11.2006 and it is evident from the impugned G.O.Ms.No.7 dated 03.01.2007. The said policy decision was also published in various newspapers. In fact, the Government of Tamil Nadu also proposed to declare the land situated in Kuthambakkam, Vellavedu, Narasingapuram, Parvatharajapuram and Chembarambakkam villages as Special Agricultural Zone, since all the farmers in these villages are cultivating essential crops such as paddy etc., and these https://www.mhc.tn.gov.in/judis Page 44 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. lands are the backbone for the essential commodities for the entire city of Chennai. More over these villages are situated adjacent to the Chembarambakkam Lake and all the lands are wet lands.
14. The Government of Tamil Nadu decided to drop the scheme insofar as the remaining lands are concerned, except the land ad measuring 467 acres out of 1694.98 acres. They continued this scheme for the land ad measuring 467 acres alone for the reasons best known to them. In this regard, the learned Senior Counsel appearing for the petitioners relied upon the judgment reported in CDJ 2010 MHC 5036 in the case of Kovai Medial Centre Research & Educational Trust & ors Vs. The State of Tamil Nadu & ors. The said judgment was arising out of approved layouts decided to drop and the remaining lands were proposed to acquire, in which this Court held as follows :-
“78. This Court in many cases relating to Kalapatty village found that there were approved layouts with the sanction of authorities and the Government Order itself had directed to refrain from acquiring the land which are covered by the approved layouts. Finally, after finding that there were lots of law and order problem in the area when this Court directed the State Government to https://www.mhc.tn.gov.in/judis Page 45 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. take a pragmatic stand, that was also rejected. Considering the fact that in some cases, there were procedural lapse and in some cases, there were acquisition proceedings in respect of a college property which is in existence for over 10 years catering to the needs of about 3000 students, it will be unrealistic to destroy such edifice especially when the right to education is guaranteed as a fundamental right. Many of the petitioners with their hard earned money have purchased plots and put up constructions to have a shelter of their own. The Housing Board in the name of providing houses cannot destroy the existing shelters put up by individual endeavors.
79. In the present case, it is not a mere negative equality the petitioners are pleading.
Because the State never attempted to justify the reconveyance and exclusions on the ground of either they were isolated instances or they were based on erroneous assumptions. On the contrary, the counter affidavits filed were vague and did not deal with the contentions raised by the petitioners in these batch of writ petitions. Under these circumstances, this Court has no hesitation to set aside the orders passed against the petitioners.
https://www.mhc.tn.gov.in/judis Page 46 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
80. Even though it is claimed that lands covered in the present writ petitions were only 35.48 acres, yet this Court having found that original scheme had become fractured and the present holding of the Housing Board is only on patches of land in the village, the petitioners are entitled to retain their lands, but with one rider i.e. that on being notified by the Government and the Housing Board, the petitioners shall return the compensation received by them together with interest at the rate of 6% per annum. In cases where they have not withdrawn the deposits, it is for the State to withdraw the amounts lying either in revenue deposit or in court deposit. The lands even after being fractured, if the Housing Board as per revised scheme wants to go ahead with building houses this exclusion will in no way hamper it.” In the case on hand also, on perusal of the plan of Thirumazhlisai Satellite Scheme revealed that the respondents executed the said scheme in and around 120 acres. Insofar the lands in the present Writ Petitions are concerned the same were located in different location. As held by this Court in the above judgment, the original scheme has become fractured and the present holding of the Housing Board is only on patches of land. For ready reference, the plan https://www.mhc.tn.gov.in/judis Page 47 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. submitted by the Tamil Nadu Housing Board has been shown as follows :-
https://www.mhc.tn.gov.in/judis Page 48 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Therefore, the petitioners are entitled to retain their lands, on condition that they shall return the compensation received by them with interest.
https://www.mhc.tn.gov.in/judis Page 49 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
15. The learned Senior Counsel also relied upon the judgment reported in 2013 (4) SCC 210 in the case of Usha Stud & Agricultural Farms Pvt Ltd., & ors Vs. State of Haryana & ors., in which, the Hon'ble Supreme Court of India held that withdrawal from land acquisition – discrimination in – held, High Court overlooked the fact that after Chief Minister had ordered acquisition of vacant land belonging to persons other than appellants, but thereafter, State Government and/or HUDA executed agreements with such person and released such persons' acquired land leaving out appellants' land in this manner appellants were subjected to hostile discrimination – State Government's refusal to release the appellants' land resulted in violation of their right to equality under Article 14 – impugned order set aside and declaration under Section 6(1) of the 1894 Act in respect of the appellants' land, quashed.
16. In the case on hand, the Government of Tamil Nadu, in the same villages, part of the lands were proposed to drop from the Thirumazhlisai Satellite Town Scheme and part of the lands are proposed to implement the same. It is discriminatory in nature and it is violation of Article 14 of the Constitution of India. Therefore all the petitioners who come under the category of reconveyance are entitled to get their respective land by way of recoveyance.
17. The learned Additional Advocate General-II appearing for the https://www.mhc.tn.gov.in/judis Page 50 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. respondents relied upon the judgment of this Court dated 12.07.2021 passed in W.P.No.2660 of 2014 in the case of R.Rajathi Vs. The Secretary to Government and ors., which held that question of transfer of lands to the original landowners would only arise, if the Government is satisfied that the land is not required for the purpose for which it was acquired or for any other public purpose. Further held that there is no right to compel the Government to reconvey the land. This Court also also relied upon the judgment reported in (2008) 7 MLJ 833 in the case of GHCl Limited Madurai Vs. State of Tamil Nadu rep by its Secretary in which, the Hon'ble Division Bench of Court held that while passing an order under Section 48(B) of the Land Acquisition Act, 1894, the Government has to consider the facts and circumstances of the case and the decision of the Government must be supported by reasons and materials, and must be in accordance with law.
18. In the case on hand, though some reasons have been stated while denying the request made by the petitioners under Section 48(B) of the Land Acquisition Act, 1894, as per the policy decision the Government itself initially decided to drop the scheme and intended to declare the area in which the subject property located as Special Agricultural. However, by the impugned G.O.Ms.No.7 dated 03.01.2007, intended to implement the Thirumazhisai https://www.mhc.tn.gov.in/judis Page 51 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Satellite Town scheme for the land ad measuring 467 acres alone leaving out the remaining land. Therefore, the above judgment is not helpful to the case of the respondents.
19. Insofar as the G.O.Ms.No.7 dated 03.01.2007 is concerned, the Government of Tamil Nadu proposed to drop the acquisition proceedings in respect of the other land except the lands to an extent of 467 acres. It is relevant to rely upon the judgment reported in 2011 (5) CTC 503 in the case of Tamil Nadu Housing Board and Ors. vs. Uma Maheswari Ramasamy and Ors., in which the Hon'ble Division Bench of this Court held as follows :-
“18. It is, therefore, evidently clear that in number of cases the Government on the basis of the recommendations of the Expert Committee accepted the requests of the land-owners and took a decision to re-convey their lands. But, at the same time, in respect of some of the representations the Government took the decision otherwise and rejected the request of re- conveyance of the land. Such action of the respondents prima facie appears to be arbitrary, capricious, discriminatory and violative of Article 14 of the Constitution of India.
19. It is well-settled that No. unlimited https://www.mhc.tn.gov.in/judis Page 52 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. jurisdiction is vested with any judicial or quasi-
judicial forum. An unfettered discretion is a sworn enemy of the constitutional guarantee against discrimination. An unlimited jurisdiction leads to unreasonableness. No. authority, be it administrative or judicial has any power to exercise the discretion vested in it unless the same is based on justifiable grounds supported by acceptable materials and reasons thereof.
20. A Constitution Bench of the Supreme Court while dealing with the "State Action", in the case of Maneka Gandhi v. Union of India reported in AIR 1978 SC 597 discussed the scope of Article 14 of the Constitution and observed:
[p.624 para-56]
56. Now, the question immediately arises as to what is the requirement of Article 14: what is the content and reach of the great equalizing principle enunciated in this Article? There can be No. doubt that it is a founding faith of the Constitution. It is indeed the pillar on which rests securely the foundation of our democratic republic. And, therefore, it must not be subjected to a narrow, pedantic or lexicographic approach.
No. attempt should be made to truncate its all embracing scope and meaning, for to do so https://www.mhc.tn.gov.in/judis Page 53 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits. We must reiterate here what was pointed out by the majority in E.P. Roayppa v. State of Tamil Nadu (1974) 2 SCR 348 : AIR 1974 SC 555 namely, that 'from a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic, while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and it therefore violative of Article 14'. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence and the procedure contemplated by Article 21 must answer the test of reasonableness in order to be in conformity with Article 14. It must be 'right and just and fair' and not arbitrary, fanciful or oppressive; otherwise, it https://www.mhc.tn.gov.in/judis Page 54 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. would be No. procedure at all and the requirement of Article 21 would not be satisfied.” Thus, it is clear that equality before law means that among equals the law should be equal and should be equally administered, and that like should be treated alike. There must not be discrimination among equals unless there is reasonable classification. When something is to be done within the discretion of the authorities, it must be done according to the rule of reasons and justice, and it should not be according to the whims of the authorities. Therefore, the petitioners come under the category of challenging the G.O.Ms.No.7 dated 03.01.2007 are also entitled to have the same benefits as like other owners.
20. Admittedly all the petitioners are still in possession and enjoyment of their respective lands and they are cultivating the same. There is absolutely no records to show that the symbolic possession had been taken from the petitioners. So far as the disbursement of compensation is concerned, the same was not proved by the respondents and no records have been produced to prove the same. Therefore, they are entitled to have benefits under Section 24(2) of the new Act.
21. That apart, out of the total extent of 1694.98 acres, except the land ad measuring 467 acres, in respect of other lands are concerned the https://www.mhc.tn.gov.in/judis Page 55 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. respondents dropped the scheme and there is absolutely no reason and justice to continue the proceedings in respect of the lands which are challenged under the present Writ Petitions. Admittedly the subject lands in all these Writ Petitions are highly fertilized land and all the farmers in these five villages are cultivating their respective lands by paddy crops, three time in a year. These lands are also located adjacent to the Chembarambakkam Lake and these lands are the water catchments area and when the said Lake is filled with its full capacity.
22. The urbanization has caused many impacts on Surface water bodies. On one hand, the Government has passed number of Orders for the protection of Surface water bodies, and the Government has mainly concentrated on developing and protecting water bodies. On the other hand, the Government initiated steps to administer outside in city of Chennai. The land use/land cover pattern of a region is an outcome of natural and socio-economic factors and their utilization by man in time and space and has become a central component in current strategies for managing natural resources and monitoring environmental changes.
https://www.mhc.tn.gov.in/judis Page 56 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
23. Land Transformation is a process where changes in land use are observed at different time periods and is one of the important fields of human induced environmental transformation, with an extensive history dating back to antiquity. The land needs and areal expansion of cities have increased greatly.
As the cities expand in area with more population growth the land use gets changed with the hitherto non-urban areas like agricultural lands, other vegetative areas, water bodies etc., getting replaced by concrete structures and black-topped roads.
24. Urban sprawl makes intensive demands on the environmental resources and poses problems by eating into valuable natural habitats of their hinterlands. Urban sprawl is associated with loss of natural wetlands along with loss of core forest habitat, loss of biological needs like water increase in complexity. As the local water resources like rivers, lakes and groundwater get increasingly polluted, the highly urbanized areas are forced to seek water from ever greater distances. As the city has grown, the urban sprawl has encroached into vacant lands and water bodies due to the increasing pressure on land for housing and other activities. Many water channels that used to carry floodwaters from one lake to the next in a catchment area, have also been encroached by private and government agencies. Non-implementation of https://www.mhc.tn.gov.in/judis Page 57 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. building regulations and pollution control laws has encouraged encroachment and pollution of water bodies.
25. The transfer of agricultural land and water resources for urban use with adverse consequences to agricultural production has not been adequately addressed in the Indian context, through a case study of the state of Tamil Nadu which stands in the forefront of industrialization and urbanization.
Results show that urbanization and land put to non-agricultural uses have strong negative impact on agricultural sector. Therefore, it is important to give priority for decentralized growth through rural industrialization, and public investment on road network should be increased not only to reduce the growth of urbanization but also to promote rural industrialization.
26. In all five villages, there is fertile and yielded multiple corps. It does not qualify to be a satellite town because the location is part of Chennai Metropolitan Area. A satellite town by definition is spatially separated form the parent city but economically dependent on it. The subject lands are situated very nearer to Nemam Lake. The water coming from the said lake passing through the subject lands to form scheme to the Chembarambakkam Lake. The entire drainage water will be floated into the water passing through from the https://www.mhc.tn.gov.in/judis Page 58 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. Nemam Lake and it will become polluted. Likewise, in other side of the subject land, the river called Kosasathalaiyar is passing through the subject land in all these villages. During the rainy season, the entire land filled with water from both the Nemam Lake and Kosasathalaiyar river and the surplus water passing through the subject land. That apart, this scheme would have detrimental effects on Chembarambakkam Lake, a primary drinking water source for Chennai City. Therefore, it is not feasible to implementation the Thirumazhisai Satellite Scheme in these lands. This Court suggests that the Tamil Nadu Housing Board recommend the Government to drop the scheme, except in the land in which the part of the scheme was already implemented so far.
27. The learned Standing Counsel appearing for the Housing Board submitted that in respect of the land ad measuring 102 acres have already been utilized under the said scheme in Phase-I. In fact, some of the land owners under phase-I have also filed the Writ Petitions. Since already the said scheme is implemented and all the respective land owners have received their compensation for their respective land, which were already acquired, the Writ Petitions under the Phase – I scheme are devoid of merits and are liable to be dismissed. They are accordingly dismissed.
https://www.mhc.tn.gov.in/judis Page 59 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
28. Insofar as the Writ Petition in W.P.No.17820 of 2010 is concerned, some of the petitioners' land comes under the phase-I scheme. In respect of the lands owned by the petitioners viz., P.Parthasarathy, C.Sekar, S.Kuppuswamy, Parvathi, Mariammal, V.Ramalingam, Krishnappa Naicker, Govindaraj, M.Renganathan and Vanaja are concerned the Writ Petition is dismissed. In respect of the land owned by one Govindaraj, part of the land comes under the Phase-I Scheme as such, the Writ Petition is allowed for the remaining land. Insofar as the remaining petitioners are concerned, the Writ petition in W.P.No.17820 of 2010 stands allowed.
29. In view of the above, this Court is inclined to pass the following orders :-
(i) The Writ Petition in W.P.No.17820 of 2010 stands partly allowed.
(ii) The Writ Petitions in W.P.Nos. 29758, 29760 of 2012, 24159, 24158 of 2013, 33223, 33224, 33225 & 34405 of 2014 and 8870, 8871 & 8874 of 2015 are dismissed, since the subject lands come under Phase-I Scheme.
(iii) All the remaining Writ Petitions are allowed. The combined sketch plan produced by the Tamil Nadu Housing Board shall form a part and parcel of this Order.
https://www.mhc.tn.gov.in/judis Page 60 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc.
(iv) It is made clear that the petitioners, who already received the compensation, are directed to deposit the said compensation amount with interest at the rate of 6% (six percentage) per annum to the third respondent viz., Tamil Nadu Housing Board, within a period of six weeks from the date of receipt of a copy of this Order. On such deposit, the third respondent is directed to mutate all the revenue records in their favour.
(v) Like wise, insofar as the compensation amount, which were already deposited by the respondents and not withdrawn by the respective land owners are concerned, the respondents are permitted to withdraw the amount which are lying either as the revenue deposit or Court deposit.
(vi) Consequently, all the connected miscellaneous petitions are closed.
There shall be no order as to costs.
18.11.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts https://www.mhc.tn.gov.in/judis Page 61 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. To
1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai – 9.
2. The Chairman, Tamil nadu Housing Board, Nandanam, Chennai – 600 035.
https://www.mhc.tn.gov.in/judis Page 62 of 63 W.P.No.8924 to 8941 &17820 of 2010 etc. G.K.ILANTHIRAIYAN, J.
rts W.P. Nos.8924 to 8941 & 17820 of 2010 M.P.Nos. 1 & 2 of 2010 (19 Nos.) M.P.Nos.1& 2 of 2014 & M.P.Nos.1 & 2 of 2015 W.P.Nos.28892 to 28896, 29756 to 29760, 29845 to 29849 of 2012 M.P.Nos.1 & 2 of 2012 (15 Nos.) W.P.Nos.7051, 22020 to 22025, 24153 to 24160, 24170 & 24171 of 2013 M.P.Nos.1 & 2 of 2013 M.P.Nos. 1, 2 & 3 of 2013 (16 Nos.) & M.P.No.1 of 2014 (16 Nos.) W.P.Nos.32121, 33221 to 33225, 33563, 34012, 34013, 34133 to 34136, 34405, 34422 & 34423 of 2014 M.P.No.1 of 2014 (12 Nos.) W.P.Nos.8869 to 8874, 10184 of 2015 M.P.No.1 of 2015 (7 Nos.) W.P.Nos.3577, 3957, 4917 of 2016 and W.M.P.No.2942 of 2016 18.11.2021 https://www.mhc.tn.gov.in/judis Page 63 of 63