- (1.) These appeals have been preferred against the impugned judgment and order dated 24.1.2012, passed by the High Court of Judicature at Madras in Writ Appeal Nos. 805-806 of 2011, by which, the Division Bench reversed the judgment and order of the learned Single Judge, dated 1.11.2010 passed in relation to land acquisition proceedings.
(2.) Facts and circumstances giving rise to these appeals are as under: A. A Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), was issued on 15.5.1978 with respect to land measuring 58.59 acres, in the revenue estate of Tambaram Village, Saidapet Taluk, Chengalpet District, Tamil Nadu, including the suit land measuring 2.26 acres in Survey Nos. 283/1 (extent of 27 cents), 284/1 (extent of 70 cents), 284/2 (extent of 65 cents) and 284/3 (extent of 64 cents). As the provisions of the Urgency Clause under Section 17 of the Act were not invoked, the persons interested were at liberty to file objections under Section 5- A of the Act. A declaration under Section 6 of the Act with respect to the said land was issued on 6.6.1981. Very few among the persons interested, challenged the land acquisition proceedings by way of filing 8 writ petitions, including Writ Petition Nos. 8897 and 8899 of 1983 etc. which were filed by some of the original tenure-holders of the suit land on several grounds. However, the said petitioners did not challenge the acquisition proceedings so far as the suit land is concerned, rather they chose to restrict their cases to the other parts of their lands. The batch of said writ petitions was allowed by way of a common judgment and order, dated 16.12.1983, quashing the declaration issued under Section 6 of the Act on the ground that the inquiry was not conducted fairly, and that the objections raised by the said writ petitioners under Section 5-A, were also not dealt with properly. However, the learned Single Judge upheld the Notification issued under Section 4 of the Act and hence, granted liberty to the Government of Tamil Nadu to continue with the said acquisition proceedings, in accordance with law. B. Being aggrieved by this, the writ petitioners including the predecessors-in-interest of the appellants, preferred Writ Appeal Nos. 214 to 225 and 435 of 1984, before the Division Bench of the High Court, against the judgment and order dated 16.12.1983, praying for quashing of the Notification issued under Section 4 of the Act, as well. The Government did not challenge the judgment and order dated 16.12.1983. The said writ appeals were allowed vide judgment and order dated 23.8.1985, and the said notification under Section 4(1) of the Act, only in respect of the land, which constituted the subject matter of the aforementioned appeals, was quashed. Against the judgment and order dated 23.8.1985, the Government of Tamil Nadu preferred a Special Leave Petition before this Court, which was dismissed vide order dated 6.5.1992. Thus, those orders attained finality. C. In the meantime, an Award was passed with respect to the said land, including the suit land, on 28.6.1983, to the extent of 4.26 acres i.e. Survey Nos. 283/1, 284/1 and 284/3. D. A second batch of writ petitions was filed before the High Court challenging the acquisition proceedings, as well as the Award. All the said writ petitions were allowed, following the earlier judgments dated 16.12.1983 and 23.8.1985 vide judgment and order dated 22.12.1986. E. A second award was made on 14.8.1986, in relation to the remaining part of said land, including a part of the suit land, i.e. Survey No. 284/2. F.So far as the suit land is concerned, the persons- interested/tenure-holders never filed any objection under Section 5-A of the Act, and nor have they challenged the acquisition proceedings, at any stage. Instead, they accepted the compensation amount under protest. Possession of the suit land was taken over by the authority subsequently. There is nothing on record to show whether the claimants had filed any application for making a reference under Section 18 of the Act. G. The tenure-holders/persons-interested in the suit land, after receiving compensation, and handing over the possession to the respondents authorities with respect to the suit land, transferred the said land to some persons, and ultimately, after undergoing multiple sales, the suit land was purchased by the appellants herein, vide sale- deeds dated 4.3.2004, 10.11.2004, 7.7.2005 and 11.8.2005. As a result thereof, they claim to have acquired possession of the said suit land. The appellants planned to construct flats upon the said land, for the purpose of which, they had also obtained permission from the Chennai Metropolitan Development Authority on 16.3.2007. Applications were filed by the original tenure-holders for re-conveyance of the suit land which stood as rejected vide order dated 7.7.2008. H. Being aggrieved, the appellants filed Writ Petition No. 6108 of 2009 for the quashing of the Notification dated 15.5.1978, issued under Section 4 of the Act, pertaining to the land that comprised 9 Survey Numbers, including the suit land contending that the declaration under Section 6 had been quashed in toto and no fresh declaration was subsequently issued. The proceedings therefore, automatically lapsed as there could be no Award without a fresh declaration, and therefore, all subsequent proceedings would be void ab-initio. Another Writ Petition No. 20896 of 2009, was also filed seeking totally inconsistent/contrary reliefs i.e. praying for the quashing of the letter dated 7.7.2005, as also for the issuance of directions to re-convey the suit land in favour of the appellants. I. A learned Single Judge, vide judgment and order dated 1.11.2010 allowed both Writ Petitions, observing that as the Section 6 declaration had been quashed in toto and no fresh declaration was issued thereafter, the land acquisition proceedings had lapsed and the suit land was hence, free from any and all acquisition proceedings. J. Being aggrieved, the Tamil Nadu Housing Board (hereinafter referred to as 'the Board') - the respondents, then filed writ appeals which have been allowed vide impugned judgment and order dated 24.1.2012, reversing the judgment and order of the learned Single Judge. Hence, these appeals.
(3.) Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta, learned senior counsel appearing for the appellants, have submitted that, since the Section 6 declaration dated 6.6.1981 has been quashed in toto and no fresh declaration was made thereafter, subsequent proceedings are void ab-initio. The appellants, before purchasing the suit land made various inquiries and were informed in writing by various authorities, that the said land was not the subject matter of any acquisition proceedings at the relevant time. More so, a high powered committee, constituted by the Board itself, submitted a report that the suit land was not required by the Board, and that even though the possession of the land had been taken, the land vested in the State. There was no approach road to the suit land and thus, the said land could not be utilised for the purpose for which, it was acquired. The Board was not in a position to utilise the suit land and, thus, it could be released in favour of the appellants, subject to refunding the compensation amount received by the land owners. More so, the compensation amount received by the persons aggrieved in 1983 was received under protest, and was refunded to them in 2010, by way of demand draft, though the same was not accepted by the Board and was therefore, returned to the tenure-holders. The appellants are still willing to refund the amount of compensation received by the persons- interested, in pursuance of the illegal and void awards, dated 28.6.1983 and 14.8.1986. Therefore, the impugned judgment and order are liable to be set aside and the present appeals should be allowed.;