Madras High Court
Gomalavalli vs The Secretary To Government on 18 November, 2021
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
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
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.
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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
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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.
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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
jkpH;ehL tPlL
; trjp thhpa
nkyhz;ik ,af;Feh; muRf;F mDg;gpa[s;s
jkJ jpUj;jpa fUj;JUtpy; fPH;ff ; z;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;gj;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
; f epy=;fs; 951.63 Vf;fh;. ,tw;wpy;
4(1) mwptf p i
; f btspaplg;gl;l epy=;fspd;
gug;gst[ 964.69 Vf;fh;. ,jpy; e+;if
epy=;fs; 546.23 Vf;fh; kw;Wk; g[+;if
epy=;fs; 418.46 Vf;fh; MFk;. 4(1)
mwptfp ;if btspaplgl ntz;oa epy=;fspd;
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W.P.No.8924 to 8941 &17820 of 2010 etc.
gug;gst[ 696.77 Vf;fh;. ,jpy; e+;if
epy=;fs; 197.12 Vf;fh; kw;Wk; g[+;if
epy=;fs; 499.65 Vf;fh; MFk;. Mthh;L
bra;ag;gl;l epy=;fspd; gug;gst[ 466.49
Vf;fh;. ,jpy; e+;if epy=;fs; 371.59 Vf;fh;
kw;Wk; g[+;if 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+;if
epy=;fspy; ,Jtiu 371.59 Vf;fh;
epy=;fSf;F Vw;fdnt jPh;thzk;
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. jPh;thzk;
bra;J thhpak; trk; xg;gilf;fg;gl
ntz;oa e+;if epyg;gug;gst[ 135.92
Vf;fh; MFk;.
(iv) nkyhz;ik ,af;Feh; jkpH;ehL
tPlL ; trjp thhpak; mth;fs; jkJ fojj;jpy;
jPh;thiz tH=;fg;gl;l 135.92 Vf;fh;
e+;if 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;
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W.P.No.8924 to 8941 &17820 of 2010 etc.
e+;if epybkd;Wk; ,j;jpl;lj;jpw;F rhiyfs;
kw;Wk; mQF rhiyfs; mikg;gjw;F
njitahd 12.87 Vf;fh; epy=;fis
ifafg;gLj;j ntz;oa[s;sbjd;Wk;/ mQF
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;fhQk; 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
nfhhpfi ; f muRf;F itj;jdh;.
,f;nfhhpfi ; fia Ma;t[ bra;j muR
12.11.2006 md;W btspal p ;l muR bra;J
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+;if epy=;fSk;
ifafg;gLj;jkhl;lhJ vd;W
bjhptf p f; g;gl;lJ.
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W.P.No.8924 to 8941 &17820 of 2010 etc.
3. epybkLg;g[ rl;lj;jpd; fPH;
bjhlug;gl;l eltof;if thapyhf 467
Vf;fh; epyj;jpw;F ,Hg;gLP 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
nfhhpfi ; ffis 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; jkpH;ehL 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;/ jPh;thzj;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;
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W.P.No.8924 to 8941 &17820 of 2010 etc.
jPh;thzk; 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; 12.87
Vf;fh; e+;ir epy=;fis jtpu/ ,dp ve;j
epyj;ija[k; ed;bra; epykhf ,Ue;jhYk;
my;yJ g[db ; ra; 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. mQFrhiyfs; mikg;gjw;F
njitahd 12.65 Vf;fh; muR (ePh;epiy
g[wk;nghf;F) epy=;fis jkpH;ehL 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;/
jkpH;ehL tPlL
; trjp thhpak; mth;fs;
nfl;Lf;bfhs;sg;gLfpwhh;.
6. ,j;jpl;lj;jpw;Fj; njitahd
gl;lh/ e+;ir epy=;fs;/ g[+;ir epy=;fs;
kw;Wk; muR ePh;epiy g[wk;nghf;F epy=;fis
jkpH;ehL tPlL; trjp thhpak; jf;f itj;Jf;
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W.P.No.8924 to 8941 &17820 of 2010 etc.
bfhs;s chpa tHpKiwfis
gpd;gw;wpapUf;fg;gl ntz;Lbkd;W jkpH;ehL
tPlL; trjp thhpa nkyhz;ik ,af;FeUf;F
muR mwpt[Wj;JfpwJ.
7. ,t;thiz tUtha;j;Jiwapd;
m.rh.F.vz;.59232 epv2 2006?1/ ehs;
28.12.2006 ,irt[ld; btspal p g;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.
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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.
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W.P.No.8924 to 8941 &17820 of 2010 etc.
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))
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.
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W.P.No.8924 to 8941 &17820 of 2010 etc.
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 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
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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
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
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W.P.No.8924 to 8941 &17820 of 2010 etc.
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
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
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W.P.No.8924 to 8941 &17820 of 2010 etc.
are not at all entitled for reconveyance. Some of the land owners already
sought for reconveyance and filed Writ Petitions challenging the rejection of
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
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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
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,
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
https://www.mhc.tn.gov.in/judis
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)
Court Deposit
under section
30 and 31(2)
of 1894 LA
Act. LAOP
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.
https://www.mhc.tn.gov.in/judis
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)
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
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/
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.
https://www.mhc.tn.gov.in/judis
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.56/
2016, 58/2016
V.Ramaling Kutham 721/2A 1.38.5 2/02, Civil Court 12.08.03 1234
am bakkam 2B, 4, 02.12.02 Deposit in
722/1A LAOP
1, 1A2, No.168/2004
2B, and Award
724/2, amount paid in
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
https://www.mhc.tn.gov.in/judis
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)
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
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,
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.
https://www.mhc.tn.gov.in/judis
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)
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
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
https://www.mhc.tn.gov.in/judis
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)
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
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,
3. 24158 V.Navaneet Kutham 719 & 0.430 2/02 Award amount 12.08.03 1234
/2013 ham 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
https://www.mhc.tn.gov.in/judis
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(2) LAOP the
of the Enhanced
New Compensation
Act amount
deposite @
Poonamallee
Court
D.Amudha Parvath 76/1 0.25 7/02, Award amount 30.07.03 191
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, 4C, 0.245, pending in
130/1B 0.035, Sub-court,
2, 3 0.035, Poonamallee
0.095,
0.060
https://www.mhc.tn.gov.in/judis
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)
(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 &
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
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
https://www.mhc.tn.gov.in/judis
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)
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
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
https://www.mhc.tn.gov.in/judis
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.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
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
https://www.mhc.tn.gov.in/judis
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)
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
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.
https://www.mhc.tn.gov.in/judis
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.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
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
https://www.mhc.tn.gov.in/judis
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)
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 :-
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
https://www.mhc.tn.gov.in/judis
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)
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 36/03
pending in
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, 4C, 0.245, pending in
130/1B 0.035, Sub-court,
2, 3 0.035, Poonamallee
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
https://www.mhc.tn.gov.in/judis
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)
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 &
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
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.
https://www.mhc.tn.gov.in/judis
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.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
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.
https://www.mhc.tn.gov.in/judis
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)
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
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
https://www.mhc.tn.gov.in/judis
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)
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,
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.Navaneet Kutham 719 & 0.430 2/02 Award amount 12.08.03 1234
/12 ham bakkam 720 02.12.02 paid and also
Enhanced
Compensation
paid on
27.09.2021.
As per G.O.
dt 26.06.13.
https://www.mhc.tn.gov.in/judis
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)
26 29757 M.Vedhaval Narasin 70/2 0.180 4/02 Civil Court 30.07.03 92
/12 li 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
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
https://www.mhc.tn.gov.in/judis
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)
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.
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
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,
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
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 &
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
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.
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
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
https://www.mhc.tn.gov.in/judis
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.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
https://www.mhc.tn.gov.in/judis
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.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
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
in these villages are cultivating essential crops such as paddy etc., and these
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
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
when this Court directed the State Government to
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
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
submitted by the Tamil Nadu Housing Board has been shown as follows :-
https://www.mhc.tn.gov.in/judis
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
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.
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
17. The learned Additional Advocate General-II appearing for the
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
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
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 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
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
14 of the Constitution of India.
19. It is well-settled that No. unlimited
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
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
embracing scope and meaning, for to do so 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 would be No. procedure
https://www.mhc.tn.gov.in/judis
W.P.No.8924 to 8941 &17820 of 2010 etc.
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
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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.
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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
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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
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.
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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 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.
(iv) It is made clear that the petitioners, who already received the
compensation, are directed to deposit the said compensation amount with
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W.P.No.8924 to 8941 &17820 of 2010 etc.
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
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
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
