VIKAS GOLECHA Vs. SECRETARY TO GOVERNMENT
LAWS(MAD)-2014-9-447
HIGH COURT OF MADRAS (FROM: STATE)
Decided on September 18,2014

Vikas Golecha Appellant
VERSUS
SECRETARY TO GOVERNMENT Respondents




JUDGEMENT

- (1.)The short facts of the case are as follows:-
The first petitioner submits that he has filed the affidavit on behalf of second and third petitioners herein who are none other than mother and sister stating that they have purchased a land in S.F.No.185/3 (part 1 to 3) measuring an extent of 82 cents in Kavundampalayam Village, Coimbatore North Taluk, Coimbatore District, vide registered sale deeds from their vendors, S.Nagamani, B.Kalaivani, Muthuswamy and K.K.Palaniappan for a valuable consideration. The petitioners state that after purchase of the aforesaid lands, they came to know that a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued by the first respondent in the Government Order in G.O.Ms.No.159, Adi Dravidar & Tribal Welfare Department dated 26.09.1988 for acquiring land in S.F.Nos.185/1, 185/2 and 185/3 in Kavundampalayam Village, Coimbatore North Taluk, Coimbatore District and that Section 5A enquiry was conducted.

(2.)The petitioners additionally added that the objections raised by the landowners were overruled and Section 6 declaration was issued by the first respondent in G.O.Ms.No.2227, Adi Dravidar & Tribal Welfare Department dated 22.11.1989. Thereafter award enquiry was conducted and the award was passed in the proceedings Award No.9/91-92 in Ref.No.1405/89A, dated 21.11.1991 by the proceedings of the fifth respondent. In the said Land Acquisition Proceedings, the land in S.F.No.185/2 was deleted from Land Acquisition Proceedings on the basis of the recommendations of the Additional Collector of Coimbatore. Further, the land in S.F.No.185/3 (part) in D.T.T.P.No.LP/R (CPN) 388/86 and the land adjoining the petitioners land in S.F.No.185/3 (part 1 to 3) was also released from Land Acquisition. The petitioners purchased a land in S.F.No.185/3 (part 1) measuring 13925 sq.ft. in Kavundampalayam Village, Coimbatore North Taluk, Coimbatore District vide registered sale deeds from his vendors S.Nagamani, B.Kalaivani, Muthuswamy and K.K.Palaniappan for a valuable consideration. The nearby land in S.F.No.185/3 (part 2 and 3) was purchased by the second and third petitioners, who are residing in Coimbatore, from their vendors S.Nagamani, B.Kalaivani, Muthuswamy, K.K.Palaniappan and Pushpavathi Prabhu vide registered sale deeds bearing document Nos.915/95, 916/95 and 1052/95 registered on the file of District Registrar, Coimbatore, for personal use.
(3.)The petitioners further added that the said lands in S.F.Nos.185/3 (part 1 to 3) were fenced by them and they are in possession and enjoyment right from the date of purchase. The aforesaid lands were purchased by the petitioners for the purpose of establishing their business by constructing a godown and a residential house. Due to shortage of funds, the petitioners could not start the work of construction of the godown and the residential house immediately after the purchase of the lands. Only when the petitioners began the work of construction of the godown and the residential house, they came to know that the land in S.F.No.185/3 (part 1 to 3) is under Land Acquisition Proceedings to build houses for the house-less Adi Dravidars. The petitioners further submit that after the purchase of the aforesaid lands, the petitioners came to know that the Government had initiated acquisition proceedings in respect of the entire lands and award was also passed. The petitioners state that the first petitioner sent a representation dated 07.10.2004 to all the respondents requiring them to consider the case and withdraw acquisition of the land in S.F.No.185/3 (part 1 to 3) Kavundampalayam Village, Coimbatore, North Taluk, Coimbatore District, as the land is required for business and personal use.
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