J PARTHIBAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions involving similar questions of law and fact were taken up together and are being disposed of by this common judgment.

(2.) THE challenge in all these petitions is to the acquisition proceedings initiated by the State Government under the Tamil Nadu acquisition of Land for Industrial Purposes act, 1997 (Tamil Nadu Act 10 of 1999) (hereinafter referred to as 'the T. N. Acquisition act') for the expansion of the Chennai, Airport. It appears that in the year 2005, the airports Authority of India wanted to expand the existing Chennai Airport to meet the rapid development in air traffic and air transport. The Airports Authority of India is forced to develop the Chennai Airport as an international hub and to extend the runway to sustain the developing economic growth. The Minister of State for Civil Aviation, government of India by a letter dated 21-4-2005 requested the State Government to provide land for expansion of the existing Chennai airport. On 21-11-2005, the Airports Director, chennai forwarded a proposal of the airports Authority of India Board for acquisition/transfer of 583 Hectares (1457. 20 acres) of land on the northern side of the existing Airport boundary, to the government of Tamil Nadu. The Government, after careful consideration of the proposal made by the Airports Authority of India Board, decided to accept the request and granted administrative sanction for acquiring the required land of 583 Hectares in anakaputhur, Pammal, Pozhichalur, manapakkam, Kolappakkam, Tarapakkam, cowl Bazaar, Pallavaram Cantonment and gerugambakkam Villages in Kancheepuram district, on the northern side of Chennai airport as per the Land Plan Schedule and land Plan received from the Airports authority of India. The necessary permission to acquire the land was also accorded vide order in G. O. Ms. No. 91, Transport (1-2)Department, dated 14-12-2005.

(3.) IT appears that while initiating the acquisition proceedings it was found that a very large number of families, approximately 10000, are likely to be displaced due to the thickly populated settlement in the villages, particularly, Pammal, Cowl Bazar, pallavaram Cantonment, Pozhichalur and anakaputhur. In the light of this, a study was undertaken to identify an alternate site with the least number of structures and settlements. Finally, a fresh proposal was submitted by the District Collector, kancheepuram vide D. O. No. 50376/2006 fi, dated 1-3-2007 to the Airport Director, chennai to acquire approximately 832 acres of land for the expansion of the Chennai airport. The Airports Authority of India on examination of the proposal observed that the land offered by the State Government is not sufficient for constructing a parallel runway of sufficient length and other connected infrastructure. The Airports Authority of india therefore suggested two options to make the proposal workable. Option-I entailed acquisition of additional land of 275 acres so as to have a 4000 m long parallel runway. Option-II proposed additional land requirement of 460 acres, where, in addition to the parallel runway, a new terminal building could also be built. By letter, dated 1-5-2007, the options were communicated to the State Government with a request to consider the options and communicate its views at an early date. On this basis, the state Government convened the All legislative Party Leaders' meeting on 22-5-2007 and accepted option-I suggested by the Airports authority of India. Accordingly, as a preliminary step of land acquisition as well as to avoid further investments by the general public in the proposed site for acquisition, an order was issued by the Government in g. O. Ms. No. 70, Transport Department, dated 9-7-2007, wherein the Chennai metropolitan Development Authority was directed to issue suitable notification to freeze the building activity in the proposed area after getting necessary proposal with full details from the Airports Authority of india. Subsequently, the State Government in G. O. Ms. No. 108, Transport (1-2) Department, dated 9-10-2007 accorded administrative sanction to acquire and alienate 1069. 99 acres of land in Manapakkam, Kolapakkam, Gerugambakkam, tarapakkam and Kovur Villages on the northern side of the existing Chennai Airport under the T. N. Acquisition Act to provide land to the Airports Authority of India, Chennai, free of cost and free from all encumbrances for the expansion of Chennai Airport. Out of these 1069. 99 acres of land, 1014. 38 acres is being acquired for the expansion scheme and 55. 61 acres for providing an alternate site for rehabilitation at Kovur. In the light of the administrative sanction, the district Collector, Kancheepuram has issued notices under Section 3 (2) of the Industrial purposes Act to the landholders in respect of the lands which are sought to be acquired for the expansion of the Chennai Airport.