Madras High Court
The Managing Director vs U.S.Ambika on 26 August, 2021
W.A. No.2061 of 2011
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 26.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.A.No.2061 of 2011 and M.P. No.1 of 2011
The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam, Chennai-600 035. ... Appellant
versus
1.U.S.Ambika
2.The State of Tamil Nadu,
rep. by the Secretary to Government,
Housing and Urban Development,
Fort St. George,
Madras – 600 009.
3.The Special Tahsildar-II,
Land Acquisition,
Tamil Nadu Housing Board Scheme,
Arignar Anna Complex,
Thirumangalam,
Madras – 600 102. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order
passed in W.P. No.18046 of 1992 dated 20.07.1999.
1/6
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W.A. No.2061 of 2011
For Appellant : Dr.R.Gowri
For Respondents : Mr.T.Arunkumar,
Government Advocate for R2 & R3
No appearance for R1
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.)
Tamil Nadu Housing Board has brought this appeal challenging the
impugned order dated 20.07.1999 passed in Writ Petition No.18046 of
1992.
2.Learned counsel appearing for the appellant submitted that after
Notification under Section 4(1) of the Land Acquisition Act in G.O.
Ms.No.826 dated 15.05.1978 and Section 6 Declaration in G.O. Ms. No.389
Housing and Urban Development dated 06.06.1981 were issued for the
purpose of Tambaram Neighbourhood Scheme in Tambaram, proposing to
acquire 58.59½ acres of land, the first respondent/writ petitioner and others
have filed Writ Petition Nos.11814 & 16866 of 1990 and 18046 of 1992
stating that the publication of the substance of the notification in the locality
having not been made validly in the village, the entire acquisition
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W.A. No.2061 of 2011
proceedings are vitiated. Learned counsel for the appellant would further
contend that the learned Single Judge ought to have impleaded the Housing
Board/appellant herein as one of the respondents in the above writ petitions.
Even without going into the merits of the case, mechanically following the
earlier order, the learned Single Judge allowed the writ petitions, though the
facts are different. Learned counsel for the appellant also submitted that in
respect of the land in question covered in S.No.292/1A1A1, having an extent
of 33½ cents, till date, the Housing Board has not taken physical possession.
Secondly, the above scheme has not been executed for the past 40 years in
the land belonging to the first respondent herein.
3.Learned Government Advocate appearing for respondents 2 and 3
submitted that till date, the physical possession of the land in question
continues to be with the first respondent because the physical possession has
not been taken over, although the compensation has been submitted in the
Court.
4.But we are unable to agree with the submission made by the learned
counsel appearing for the appellant. The reason being that firstly, when
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W.A. No.2061 of 2011
Notification under Section 4(1) of the Land Acquisition Act and Section 6
Declaration were quashed by this Court in the aforementioned writ petitions
dated 20.07.1999, the authority or power to make use of the land belonging
to the first respondent ceased to exist and consequently, the power of vesting
is also disappeared. Secondly, as the land owner becomes the owner of the
land, the first respondent, who is the legal owner of the land, is entitled to
re-possess the land as a matter of right. However, interestingly, in this case,
the physical possession has not been taken by the Government or the
Housing Board till date. Thirdly, the first respondent has not even received
any compensation. Fourthly, the scheme has also not been implemented in
respect of the land belonging to the first respondent. Therefore, we are
unable to interfere with the order passed by the learned Single Judge.
Accordingly, the writ petition stands dismissed. Consequently, M.P. No.1 of
2011 is closed. No costs.
[T.R.,J] [T.V.T.S.,J]
26.08.2021
vga
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W.A. No.2061 of 2011
To
1.The State of Tamil Nadu,
rep. by the Secretary to Government,
Housing and Urban Development,
Fort St. George,
Madras – 600 009.
2.The Special Tahsildar-II,
Land Acquisition,
Tamil Nadu Housing Board Scheme,
Arignar Anna Complex,
Thirumangalam,
Madras – 600 102.
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W.A. No.2061 of 2011
T.RAJA,J.
and
T.V.THAMILSELVI,J.
vga
W.A.No.2061 of 2011 and M.P. No.1 of 2011
26.08.2021
http://www.judis.nic.in
