B. RAJAGOPALAN Vs. THE STATE OF TAMIL NADU AND ORS.
LAWS(MAD)-2015-9-197
HIGH COURT OF MADRAS
Decided on September 30,2015

B. RAJAGOPALAN Appellant
VERSUS
The State Of Tamil Nadu And Ors. Respondents




JUDGEMENT

R. Mahadevan, J. - (1.)SEEKING a Writ of Certiorarified Mandamus to quash the order passed by the first respondent vide Letter No. 26310/NiA3(1)/2013 -4, dated 21.11.2013 and direct the respondents 1 and 2 to re -convey the land in Survey No. 38/1, to an extent of 44 cents in Silayaneri Village, Madurai North Taluk, Madurai District, to the petitioner, this writ petition has been filed.
(2.)HEARD both sides. The case of the petitioner, in nutshell, is as follows:
3.1. The petitioner purchased the land to an extent of 44 cents in S. No. 38/1 in Silayaneri Village, Madurai District, by a registered sale deed in Document No. 3340, dated 07.11.1973 and he became the absolute owner of the same. On 12.03.1982, the Special Tahsildar (Land Acquisition), Madurai North Neighbourhood Project, informed the petitioner that his land was acquired by the Government and an award also came to be passed to that effect.

3.2. The main grievance of the petitioner is that the said land acquisition proceedings were initiated by the authorities concerned in violation of principles of natural justice, as no notice was issued thereon. On a query made by the petitioner to the Special Tahsildar regarding the details of acquisition, the petitioner was informed that a sum of Rs. 50/ - per cent was fixed in the award. The petitioner made several representations to the Special Tahsildar to refer the matter to the civil Court for enhancement of the compensation fixed by the Land Acquisition Officer. Despite the same, a notice dated 30.09.1982 was sent to the petitioner informing that a total compensation of Rs. 2,530/ - was fixed in respect of the land of the petitioner.

3.3. The petitioner was kept in dark about the award passed in respect of the land of the petitioner and therefore, he filed a writ petition in W.P. No. 8828 of 1982 before this Court and by virtue of the order dated 25.10.1990, the Special Tahsildar, vide his communication dated 01.04.1991, furnished a copy of the award dated 09.09.1982.

3.4. Meanwhile, the Land Acquisition Tribunal enhanced the compensation to a sum of Rs. 1,500/ - per cent with 30% solatium amount and interest was also fixed at the rate of 12% per annum on the market value of the land from the date of the notification under Section 4(1) of the Land Acquisition Act, 1894, (in short "the Act") till the date of award. Therefore, the petitioner also made a representation to the authorities concerned seeking redetermination of the compensation under Section 28 -A of the Act, however, no action was taken so far.

3.5. In the meantime, the petitioner received a communication from the Special Tahsildar that the award amount in respect of the land of the petitioner was kept in the Revenue Deposit and it had expired and a special permission had to be obtained from the Chief Auditor of the State and till such time, the same could not be released.

3.6. On 24.11.2003, the petitioner made a representation to the third respondent seeking to reconvey the land to him, which was replied by communication dated 31.12.2003 to the effect that the plea of the petitioner would be considered on the basis of the reply of the Managing Director of the Tamil Nadu Housing Board. Since no action was forthcoming, he filed W.P.(MD) No. 12905 of 2013 seeking a direction to reconvey the land to the petitioner. Pendency of the said writ petition, the impugned order came to be passed rejecting the claim of the petitioner, aggrieved by which, the present writ petition is filed.

(3.)ON notice, the respondents 1 and 4 filed the counter affidavit denying the claim of the petitioner and contended that the plea of the petitioner for re -conveyance of his land could not be considered for the reason that a fresh proposal for construction of the dwelling houses in the land in question has been approved and hence, prayed for the dismissal of this writ petition.
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