Madras High Court
Zf Rane Automotive Private Limited vs The Government Of Tamil Nadu on 4 November, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3116 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.3116 of 2024
and
C.M.P.No.23788 of 2024
ZF Rane Automotive Private Limited,
(formerly known as Rane TRW Steering
Systems Private Limited)
Rep. by its Senior Vice President-Finance and
Company Secretary Mr.S.Senthilnathan,
having its office at 48th KM, GST Road,
(NH 45), Singaperumal Koil, Chennai-603 204. ... Appellant/Petitioner
-vs-
1. The Government of Tamil Nadu,
Rep. by the Principal Secretary,
Highways and Minor Ports Department,
Fort St.George, Chennai-600 009.
2. The Principal Secretary,
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai-600 005.
3. The Special District Revenue Officer,
(Land Acquisition) (FAC),
Land Acquisition Department,
Chennai Peripheral Ring Road,
Administrative Office Building, Ground Floor,
SIDCO Branch Office Complex,
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.3116 of 2024
Ambattur Industrial Estate,
Chennai-600 058.
4. Tamil Nadu Road Infrastructure Development Corporation,
LLA Building, Rangoon Street, Anna Salai,
Thousand Lights, Chennai,
Tamil Nadu-600 006.
5. The Special Tahsildar (L.A.)
Unit V, Chennai Peripheral Ring Road Project,
No.21/67, 3rd Cross Street, M.M.Avenue,
Kancheepuram-631 501.
6. The Divisional Engineer (C&M),
Highways Department,
Chengalpattu-603 001. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow the appeal, set
aside the order of the learned Single Judge dated 20.09.2024 passed in W.P.No.27278 of
2024.
For Appellant : Mr.P.Wilson, Senior Counsel
For Mr.G.Sivashankaran
For Respondents : Mr.A.Selvendran
Spl. Govt. Pleader
*****
JUDGMENT
(By D.KRISHNAKUMAR,J.,)
This Writ Appeal has been filed, challenging the order of the learned Single
Judge dated 20.09.2024 passed in W.P.No.27278 of 2024, by which, learned Single
Judged dismissed the Writ Petition, with a direction to the respondents therein to take
possession of the acquired property from the Writ Petitioner as per law in terms of
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Section 16(2) of Tamil Nadu Highways Act.
2. Learned Special Government Pleader has produced the instructions given
to him in the form of letter dated 04.11.2024 by the Superintending Engineer, Tamil
Nadu Road Infrastructure Development Corporation (TNRIDC), Chennai, wherein
Paragraph Nos.6 & 7 read as follows:
“6. Now, the petitioner again filed an affidavit seeking time upto
09.01.2025 to vacate the canteen building and Lab. In this regard, it is
informed that TNRIDC accept that, if the Hon'ble High Court consider to
grant time upto December, 2024 to vacate the Canteen building and Lab
located in the Mahabalipuram arm. However, it is also prayed that, the
petitioner may be directed to permit TNRIDC to enter into land where
Canteen and Lab building located to conduct Survey works, Soil
Investigations for preparation of Design and Drawings for Mahabalipuram
Arm.
7. Earlier, in the compromise made in Writ Petitions 17984/2020,
21227/2021, 21240/2021 and 21249/2021, the Petitioner has given
undertaking to TNRIDC to hand over the land for construction of ROB even
before completion of LA and to extend all cooperation for the early
completion of ROB. However, the Petitioner had not handed over the land
as promised in the undertaking even after completion of Land Acquisition
thereby caused delay. Hence, it is prayed that, the Hon'ble High Court may
pass appropriate orders that deem fit considering the merits as stated above.”
3. In addition to the above, a Status Report has also been filed by the
respondents on 24.10.2024, which unearths that the land, in which the canteen and lab
building located are absolutely required for construction of Mahabalipuram arm, which
is proposed to be taken up in second phase. The relevant passage of the Status Report is
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reproduced below:
“8. The Petitioner has handed over possession of land for
Construction of NH arm and portion of service road. The petitioner
demolished portion of factory building on his own after the dismissal of
Writ Petition 27278/2024 to facilitate Construction of Circular rotary and
service road except the Canteen building and Lab building. The petitioner
have to hand over portion of land which are required for Circular rotary and
service road urgently so as to complete the road over bridge and put it in to
public use at the earlier. The land where the canteen and lab building located
are required for construction of Mahabalipuram arm which is proposed to be
taken up in second phase.”
4. Learned Senior Counsel for the appellant submitted that the appellant
undertakes to vacate and hand over the acquired land to the respondents on or before
09.01.2025. He further submitted that the appellant will permit the Officials of TNRIDC
to enter into the land where Canteen and Lab building are located to conduct Survey
works, Soil Investigations for preparation of Design and Drawings for Mahabalipuram
Arm before 09.01.2025.
5. In view of the above submission, this Writ Appeal is disposed of by
recording the statement made by the learned Senior Counsel for the appellant. It is made
clear that if the possession is not handed over to the respondents on the specified date as
undertaken by the appellant, it is open to the respondents to take forcible possession of
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the property in question without any further notice. No costs. Consequently, connected
Miscellaneous Petition is closed.
[D.K.K,J.] [P.B.B,J.]
04.11.2024
Index: Yes / No
Internet: Yes / No
Speaking Order/Non Speaking Order
ar
To:
1. The Principal Secretary,
Government of Tamil Nadu,
Highways and Minor Ports Department,
Fort St.George, Chennai-600 009.
2. The Principal Secretary,
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai-600 005.
3. The Special District Revenue Officer,
(Land Acquisition) (FAC),
Land Acquisition Department,
Chennai Peripheral Ring Road,
Administrative Office Building, Ground Floor,
SIDCO Branch Office Complex,
Ambattur Industrial Estate,
Chennai-600 058.
4. Tamil Nadu Road Infrastructure Development Corporation,
LLA Building, Rangoon Street, Anna Salai,
Thousand Lights, Chennai,
Tamil Nadu-600 006.
D.KRISHNAKUMAR,J.,
AND
P.B.BALAJI,J.,
ar
https://www.mhc.tn.gov.in/judis
5. The Special Tahsildar (L.A.)
Unit V, Chennai Peripheral Ring Road Project,
No.21/67, 3rd Cross Street, M.M.Avenue,
Kancheepuram-631 501.
6. The Divisional Engineer (C&M),
Highways Department,
Chengalpattu-603 001.
04.11.2024
https://www.mhc.tn.gov.in/judis
