R. DURAISAMI Vs. THE STATE OF TAMIL NADU AND ORS.
HIGH COURT OF MADRAS
The State Of Tamil Nadu And Ors.
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C.S. Karnan, J. -
(1.)THE short facts of the case are as follows: - -
"The petitioner submits that the property in Survey No. 185 part, Kavundampalayam Village, Coimbatore Taluk, Coimbatore District measuring to an extent of 2400 sq.ft., Plot No. 3, LP/R(CPN.388/86) was purchased by him by a sale deed registered as Document No. 234/88, on the file of Sub Registrar Office, Gandhipuram, Coimbatore, for a sum of Rs. 13,700/ - for valuable consideration. Ever since from the date of purchase, the petitioner has been in peaceful possession, enjoying and in occupation of the property. The revenue records reflects his name as the owner of the property. The petitioner understoods that from his neighbouring landowners that there were some acquisition proceedings pending in respect of the lands and the Government had not pursued the same. Till date, he has not received any notice in this regard. By virtue of Registration of Deed of sale in his favour and not reflecting of the acquisition proceedings in Encumbrance Certificate, it is evident that no valid proceedings under the Land Acquisition Act has been initiated. The petitioner further submits that his vendors, viz., (1) Chinna Konar, (2) Ramathal, (3) K.C. Maruthasalam, (4) K.C. Palanisamy covenanted in the Deed of Sale that there are no acquisition proceedings that were (or) are pending."
(2.)THE petitioner further submits that one Dr. (Lt. COL.) C.V. Krishnaswami (Retd.) has preferred a writ petition in W.P. No. 35393 of 2004, directing the respondents to withdraw the acquisition proceedings in respect of the lands covered by 4(1) Notification dated 26.09.1988. This Court, vide order dated 01.02.2005 was pleased to direct disposing of the application filed under Section 48(b) of the Act giving personal hearing to him and subsequently proceedings were instituted and in W.P. No. 11795 of 2008, this Court, by order dated 18.09.2014 was pleased to allow the writ petition filed by the said Krishnaswamy and thereby had directed re -conveyance of the land to him. The petitioner further submits that since he has owned the property adjoining to the same/in the nearby vicinity, he came to know pendency of the writ petition and hence, preferred the present writ petition. The petitioner further submits that in W.P. No. 12771 of 2008, in respect of another extent of land, this Court was pleased to allow the writ petition and both the orders have reached finality.
The petitioner further submits that he came to know from one Dr. (Lt. COL.) C.V. Krishnaswami (Retd.) who said that what are germane for this writ petition are as under: - -
"(i) The first respondent had issued G.O.Ms. No. 159, dated 26.09.1988, proposing to acquire an extent of 1.85.5 hectares (approximately 6.10 acres) of patta land in S. No. 185 of Kaundampalayam Village, Coimbatore District. The same followed by a 4(1) Notification on the said date. By the said 4(1) Notification, lands comprised in S. No. 185/1 measuring 1.02 acres, S. No. 185/2 measuring 1.52 acres and S. No. 185/3 measuring 3.06 acres in all totalling to 6.10 acres was sought to be acquired.
(ii) The petitioner understoods that on 29.10.1988 publication was effected and on 02.11.1988, the same was gazetted and an enquiry under Section 5A was conducted during January -May of 1989 and in November 1991, an award came to be passed. Even in the award, a land measuring about 1.52 acres in S. No. 185/2 which stood in the name of Palanisamy was exempted from acquisition. The petitioner had purchased the property on 25.01.1988 after verifying the encumbrance certificate, which revealed no encumbrance. Ever since the date of purchase, he has been in possession of the property and he has been assessed to tax and all the revenue records reflect him as the owner."
(3.)THE petitioner further submits that he came to know about the acquisition proceedings and pendency of the proceedings instituted by Dr. Krishnaswamy and was awaiting the outcome. The petitioner further submits that just prior to Deepavali, he was informed that this Court was pleased to pass an order for all the aforementioned facts revealed to them. The petitioner is a bonafide purchaser for a valuable consideration without notice of any of the acquisition proceedings and have taken due diligent steps that were required of a prudent buyer before purchasing of the properties. From the copy of the order issued on all the facts are counter verified and he is swearing to this affidavit based on the same. The petitioner understands that the Land Acquisition Act stood repealed by Act 30 of 2013 and under Section 24(2) of the Repealing Act, the physical possession of the land not having been taken, the proceedings have deemed to have lapsed. Hence, the petitioner has filed the above writ petition.
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