P VIJAYCHAND Vs. STATE OF TAMIL NADU
LAWS(MAD)-2015-9-455
HIGH COURT OF MADRAS (FROM: STATE)
Decided on September 02,2015
P VIJAYCHAND Appellant
STATE OF TAMIL NADU Respondents
Referred Judgements :-
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED]
- (1.)The petitioners submit that the subject matter of the writ petition relates to Plot No.5, measuring about 2400 sq.ft. comprised in S.No.73 part of Thiruvidanthai Village (formerly Semmancherry Village), Chenglepet Taluk, Kancheepuram District having been purchased by the petitioners from Balasubramaniam and Diwakar Rathinam under registered sale deed dated 21.11.2003. The petitioners further submit that originally larger extent of land comprised in S.No.73 belonged to Rathina Guruswamy, Balasubramaniam and Rajapaul. Under a partition deed dated 04.08.1987, an extent of 3.86 acres in S.No.73 fell to the share of Balasubramaniam. Separate patta bearing No.277 was also issued in the name of Balasubramaniam and another extent of 3.87 acres comprised in S.No.73 fell to share of Rathina Gurusamy in the partition of 1987. Separate patta bearing No.277 was issued in favour of Rathina Guruswamy. Subsequently, under a settlement dated 13.06.2003 Rathina Guruswamy settled his 3.87 acres in S.No.73 in favour of his son Diwakar Rathinam. Thus, Balasubramaniam and Diwakar Rathinam became the owners of 3.86 acres in S.No.73/1B and 3.87 acres in S.No.73/3 respectively. The petitioners further submit that both Balasubramaniam and Diwakar Rathinam formed a layout in the property which they got. The layout also was approved in 2003. In the layout plot No.5 measuring 2400 sq.ft. was sold by Balasubramaniam and Diwakar Rathinam to the petitioners under a registered sale deed dated 21.11.2003. At the time of purchase, the Revenue Records reflects Mr.Balasubramaniam and Mr.Rathina Guruswamy were the owners of the land and there is no sight of any acquisition in the revenue records. The said plot is abutting the East Coast Road. Subsequent to the purchase, the petitioners have constructed Villa in Plot No.5 Ever since the purchase, the petitioners are in continuous possession and enjoyment of the same by paying necessary property tax and electricity consumption charges. These Villas are also enclosed by compound wall constructed by leaving sufficient space away from East Coast Road.
(2.)The petitioners further submit that on 27.12.2013, a notice was served by the Office of the Assistant Divisional Engineer, Highways (C & M) Chenglepet on the watchman in the petitioners' property by filling up his name in the notice. The said notice is to the effect that the part of the property of the petitioner has already been acquired for widening the East Coast Road and for converting it into a four lane road and the compensation amount was about to be paid and called upon to the petitioners to vacate their premises as it constituted as an encroachment. Thereafter, the petitioners verified before the Assistant Divisional Engineer / sixth respondent herein and made a representation that the notice was bereft of particulars such as the name of the owner of the property, survey number of the property under reference, description of the property, extent of land, the particulars regarding the alleged acquisition and the relevant notification. Further, the person who came and served the notice signed by the Assistant Divisional Engineer has only filled up the name of the watchman as if he is the owner of the property. In turn the sixth respondent directed to the petitioners to approach the seventh respondent who is executing the road widening work. On enquiry, the seventh respondent has not furnished any particulars despite referring to a Notifications dated 13.11.1992 and 30.11.1993 under Section 4(1) and Section 6 of the Land Acquisition Act which contained the following particulars:-
"Government, dry, S.No.73-1, B-2 belonging to Balu Nadar, bounded on the North by S.No.73-1 A-2, East by S.No.73-2, South by S.No.73-3B and West by S.No.73-1 B-1 0.29.0 hectare (or) 0.72 acre;
Government dry, S.No.73-3B, belonging to Rathina Gurusamy son of Ramalinga Nadar, bounded on the North by S.Nos.73-1, B-2 and 73-2 East by S.No.91 South by S.No.73-4 B and West by S.No.73-3 A-0.23.5 hectare (or) 0.58 acre."
The petitioners further submit that through their agent they sought some information before the Revenue Divisional Officer / the third respondent herein regarding the details of acquisition and compensation paid to the landowners. On reply to the said application, the third respondent in and by letter dated 25.03.2014 categorically stated that no compensation has been paid to the landowners for the land acquired in S.No.73/1B and 73/3B and further stated that the third respondent has written letter to the Government to allot fund for payment of compensation to the landowners. Hence, the petitioners have filed the above writ petition.
(3.)The sixth respondent has filed a counter affidavit on behalf of the respondents 1, 5, 7 and on behalf of him and resisted the above writ petition. The sixth respondent submits that the Government have decided to strengthen and widen the East Coast Road from Thiruvanmiyur to Cuddalore. As part of it, an extent of 4.55.5 hectares or 11.47 acres wet and dry lands in Thiruvidanthai Village, formerly Chengalpattu and now Thiruporur Taluk, Kancheepuran District have been notified for acquisition under Section 4(i) read in the Section 17(3) Urgency Clause of the Land Acquisition Act (Central Act 1 of 1894) in G.O.Ms.No.1547 (P.W/(HS.2) Department, dated 05.11.1992. It were published in T.N.G.G on 13.11.1992, Thinathoodu and Makkal Kural on 14.11.1992 and in the locality on 02.12.1992. The Draft Declaration under Section 6 of the Land Acquisition Act (Central Act 1 of 1894) for the above extent of lands was approved in G.O.Ms.No.1662/Public Works (HS-2) Department, dated 30.11.1993. It were published in TNGG on 30.11.1993, Kumari Murasu, Thinathoodu (Tamil Dailies) on 01.12.1993 and in the locality on 01.12.1993. The direction under Section 7 of the Land Acquisition Act was approved by the Government in their letter dated 24.02.1995 and published in the Supplement to Part II Section 2 Issue No.114 in the Tamil Nadu Government Gazette dated 22.03.1995. The Special Tahsildar (LA) Unit I East Coast Road Project, Big Melamaiyur, Chengalpattu has been authorized to perform the function of the Collector under provision of Urgency Clause under Sub Section (i) of Section 17 of the Land Acquisition Act, 1894.
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