A.M.KHANWILKAR,J. - (1.) These appeals emanate from the common judgment and order of the High Court of Judicature at Madras dated 28 th April, 2006 disposing of the concerned writ petitions instituted by the private respondent(s) in the respective appeals. Although four separate writ petitions were filed, one common factum noticed from the factual narration in the impugned judgment is that the property owned and possessed by the private respondents in the concerned appeals came to be acquired for the purpose of implementing the "Mass Rapid Transport System " (for short "MRTS ") Railway Project, under the provisions of the Land Acquisition Act, 1894 (for short "1894 Act "). After following due process, the acquisition proceedings culminated with the passing of the award and taking over of possession of the concerned property. After possession was taken, the subject property was made over to the appropriate authority for implementation of the Railway Project.
(2.) The private respondent(s) in the respective appeals had, however, unsuccessfully challenged the acquisition proceedings by filing writ petitions in the High Court. While rejecting the challenge, the High Court vide order dated 12 th December, 2003 observed that the appropriate authority of the State Government ought to consider the representation made by the private respondents in the concerned appeals for allotment of a housing site by way of rehabilitation as a special category of displaced persons, in view of the dictum presumably in Hansraj H. Jain Vs. State of Maharashtra and ors.(1993) 3 SCC 634. (incorrectly mentioned as Lakhjit Singh Vs. State of Punjab­1993 AIR SCW 2938 which is a decision in a criminal matter). The operative part of the said order reads thus: "5. The learned counsel for the petitioner while relying upon the pronouncement of the Supreme Court reported in AIR 1986 SC 2025, AIR 1988 SC 2181, AIR 1991 SC 90 and AIR SCW 1993 @ 2923, persuasively contended that there could be direction to the State Government to allot lands from any one of the Housing schemes in the city. There is forece and substance in this contention. 6. In the circumstances, the present applications taken out by the petitioners do deserve further consideration and the petitioners request for housing site deserves to be considered by the State by way of rehabilitation. 7. Hence, it is made clear that in the event of the petitioners applying to the State Government and Tamil Nadu Housing Board for allotment of house sites in any one of the housing projects promoted by the Tamil Nadu Housing Board, their request shall be considered for allotment of lands, as a special category of displaced persons by the acquisition of lands for the railways as has been held by the Supreme Court in Lakhjit Singh Vs. State of Punjab reported in 1993 AIR SCW 2938. 8. With the above observations, the above miscellaneous petitions are ordered accordingly."
(3.) In furtherance of the direction given by the High Court, the private respondent(s) pursued representation before the State Government. Eventually, the State Government declined to grant any relief to the private respondent(s) and communicated its decision to them vide letter dated 26 th May, 2005. It may be apposite to reproduce one such communication, issued to the private respondent in Civil Appeal No.8625 of 2009 and Civil Appeal No.8630 of 2009. The same reads thus: JUDGEMENT_9_LAWS(SC)7_2019_Page_1.jpg JUDGEMENT_9_LAWS(SC)7_2019_Page_2.jpg In the High Court order first cited, the Hon 'ble Court has dismissed your W.P.M.P.23078/2003 and 11290/2003. 2. In the High Court order second cited it has been observed by the Hon 'ble Court that in the event of petitioners applying to the State Government and Tamil Nadu Housing Board for allotment of House sites in any one of the Housing projects formulated by the Tamil Nadu Housing Board, their request shall be considered. Therefore in pursuance of the orders of the Hon 'ble Court your representation has been examined by the Government in consultation with the Tamil Nadu Housing Board. 3. I am, accordingly, directed to inform you that during the land acquisition process you were informed of the procedural formalities by the Land Acquisition Officer and as per statutory requirements award No.1/2003 was also passed on 08.01.2003 on land acquisition proceedings. As ordered in W.P.No.16929/99 the land in question for a public purpose. The Hon 'ble Court had also on 10.10.2002 on your submission directed in W.P.No.141183/2000 and W.P.No.15974/2000 alongwith W.P.No.36980/2002 to deposit the compensation amount in the High Court which was also complied with. Therefore, the land in question was already taken over by the Land Acquisition Officer and handed over to the Metropolitan Transport Project (Railways) for Mass Rapid Transit System scheme after observing all statutory provisions and Hon 'ble Court orders. 4. You have again submitted a lawyer notice in the reference 3rd cited and sent petitions in the reference 4th cited to the Government for reconsideration of your request. Therefore, your request was once again examined by the Government in the light of the High Court orders in the reference 5 th cited. The Hon 'ble High Court, in the said order dated 04.03.2005 and modified on 18.03.2005, has ordered that, instead of the Housing Board, the Government would pass appropriate orders in accordance with law. Hence the whole issue was again re­examined by the Government afresh. 5. As already submitted by the Government before the High Court on more than one occasion, I am directed to inform you that your request for allotment of land in any one of the Tamil Nadu Housing Board/Chennai Metropolitan Development Authority scheme will not arise as the lands were not acquired for the purpose of Tamil Nadu Housing Board of Chennai Metropolitan Development Authority schemes but they were acquired for Mass Rapid Transit System and handed over to the Metropolitan Transport Project (Railways) which come under Government of India for their railway scheme. Hence acquisition of your land in S.No.300/12 measuring 5445 and 5554 sq.ft. respectively was not arbitrary or illegal in any way as all procedural formalities were gone thro ' by the Land Acquisition Officer as per the Land Acquisition Act. The lands were already vested with the Metropolitan Transport Project (Railways) for Mass Rapid Transit System and, therefore, there is no justification for allotment of land to you in any scheme area when the lands were not acquired either by Tamil Nadu Housing Board or Chennai Metropolitan Development Authority. 6. I am, therefore, directed to inform you that in view of the foregoing valid reasons your request is not feasible of compliance. Your faithfully Sd/­ For Secretary to Government. Copy to: The Member­Secretary, Chennai Metropolitan Development Authority, Chennai­-8. The Managing Director, Tamil Nadu Housing Board, Chennai­-35. The Collector of Chennai, Singaravelar Maaligai, Rajaji Salai, Chennai­I. The Special Tahsildar (Land Acquisition) MRTS, Tiurmailai Railway Station, Mylapore, Chennai-­4. The Special Tahsildar, (Land Acquisition), Chennai Metropolitan Development Authority, Chennai­-8 (for guidance and information). " (emphasis supplied) The representation made by the private respondents in the other appeals, however, were not replied to, as a result of which they filed fresh writ petition(s) which were heard analogously with the writ petition(s) filed by the private respondent(s) in the aforementioned two appeals questioning the communication dated 26th May, 2005, rejecting their representation.;