H. DEEPCHAND AND ORS. Vs. THE STATE OF TAMIL NADU AND ORS.
LAWS(MAD)-2015-1-308
HIGH COURT OF MADRAS
Decided on January 06,2015

H. Deepchand And Ors. Appellant
VERSUS
The State Of Tamil Nadu And Ors. Respondents




JUDGEMENT

C.S. Karnan, J. - (1.)THE short facts of the case are as follows: - -
"The first petitioner has filed the above writ petition on behalf of the second petitioner herein and himself stating that the property in Survey No. 185 part, Kavundampalayam Village, Coimbatore Taluk, Coimbatore District measuring to an extent of 2400 sq.ft or 5 cents 222 sq.ft, Plot No. 8, LP/R (CN). No. 388/1986 was purchased by the first petitioner by a deed of sale, registered as Document No. 1863/12, on the file of Sub Registrar Office, Vadavalli, Coimbatore for a sum of Rs. 14,40,000/ - for valuable consideration. Ever since from the date of purchase, the petitioners have been in peaceful possession, enjoying and in occupation of the property. The revenue records reflects their name as the owner of the property. The petitioners understood that from their neighbouring landowners that there were some acquisition proceedings pending in respect of the lands and the Government had not pursued the same. Till date, they have not received any notice in this regard. By virtue of Registration of Deed of sale in their 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 petitioners further submit that their vendor, viz., Devi covenanted in the Deed of Sale that there are no acquisition proceedings that were (or) are pending."

(2.)THE petitioners further submit 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 petitioners further submit that since they have owned the property adjoining to the same/in the nearby vicinity, they came to know pendency of the writ petition and hence, preferred the present writ petition. The petitioners further submit 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 petitioners further submit that they 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 petitioners understood 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 petitioners had purchased the property on 30.03.2012 after verifying the encumbrance certificate, which revealed no encumbrance. Ever since the date of purchase, they have been in possession of the property and they have been assessed to tax and all the revenue records reflect them as the owners."

(3.)THE petitioners further submit that they came to know about the acquisition proceedings and pendency of the proceedings instituted by Dr. Krishnaswamy and was awaiting the outcome. The petitioners further submit that just prior to Deepavali, they were informed that this Court was pleased to pass an order for all the aforementioned facts revealed to them. The petitioners are bonafide purchasers 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 they are swearing to this affidavit based on the same. The petitioners understand 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 petitioners have filed the above writ petition.
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