GMMCO Limited v. Government of Tamil Nadu Represented by its Chief Secretary
2011-04-25
P.JYOTHIMANI
body2011
DigiLaw.ai
Judgment :- 1. Heard, Mr.Satish Parasaran, the learned counsel for the petitioner; Mr.P.S.Raman, the learned Advocate General for Mr.K.Balasubramanian, the learned Special Government Pleader appearing for respondents 1 to 6 & 8 to 11; Mr.P.S.Raman, the learned Advocate General for Mr.V.Ramajagadeesan, the learned counsel for seventh respondent; and Mr.S.Sathish Kumar, the learned counsel for twelfth respondent. By consent, the Writ Petition itself is taken up for final disposal. 2. The Writ Petition is filed challenging the impugned order of the Government in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, in which, in order to implement the Chennai Metro Rail Project, administrative approval has been granted for transfer of 2477.5 sq.m. of vacant Government poramboke land occupied by Hindustan Motors - GMMCO, situated in Survey No.512, Alandur Village & Taluk, Kancheepuram District, on permanent basis and permitted the Chennai Metro Rail Limited to enter upon the land to proceed with the project. 3. It is stated that the petitioner-Company has established the ownership, which has been recognised by the Government. However, by the impugned Government Order, dated 02.02.2011, the High Power Committee constituted by the Chennai Metro Rail Limited, has recommended to the Government that the subject lands are Government lands, therefore, could be transferred to the Chennai Metro Rail Limited. According to the petitioner-Company, the same has been done unilaterally without even verifying the correct factual aspects. 4. According to the petitioner-Company, it is involved in the manufacturing activities, including, automobiles and components etc. It is for the purpose of easing out the traffic volumes, the Chennai Metro Rail Project was constituted on 03.12.2007, through the Chennai Metro Rail limited, for the purpose of creating corridors between Washermenpet to Airport and Chennai Central Station to St. Thomas Mount. There was a negotiation effected by the Chennai Metro Rail Limited with the owners and documents were also produced by the petitioner, since, the properties in occupation of the petitioner to the extent of 50.157 grounds was also targeted for the purpose of the scheme. In addition to the above said 50.157 grounds, the petitioner has also subsequently acquired 16.99 grounds, thus, making the total extent as 3 acres and 31,051 sq. Feet. 5. The petitioner is willing to negotiate and transfer the required lands in favour of Chennai Metro Rail Limited on payment of the market value as compensation.
In addition to the above said 50.157 grounds, the petitioner has also subsequently acquired 16.99 grounds, thus, making the total extent as 3 acres and 31,051 sq. Feet. 5. The petitioner is willing to negotiate and transfer the required lands in favour of Chennai Metro Rail Limited on payment of the market value as compensation. The petitioner has submitted an application on 31.12.2008 for transfer of patta in respect of the properties. According to the petitioner, the market value of the total extent of 2477.5 sq.m. will be around Rs.10 Crores, for which, various documents have been produced. It appears that for fixation of price in respect of the above said properties, on negotiation, as compensation to be paid, the Tahsildar, after conducting an enquiry has issued a detailed report on 19.11.2010 to the effect that the property stands in the name of M/s.Hindustan Motors Limited, as per the Village records. 6. The grievance of the petitioner is that inspite of the said negotiation being going on and the fact that the petitioner -Company is in fact willing to hand over the land for the Project on payment of compensation, the impugned order came to be passed hastily, without even resorting to the payment of compensation. 7. Now, it is stated that the compensation as on date has been fixed for the said lands belonging to the petitioner- Company at Rs.8,28,40,000/-. The petitioner is prepared to give an undertaking to receive the said amount, without prejudice to file necessary application for enhancement of compensation amount and also to hand over possession so as to enable the Chennai Metro Rail Project to go ahead. In such view of the matter, on the basis that the impugned Government Order has been passed, during the time when the negotiation was going on and without fixing the compensation and without due opportunity, I am of the view that the impugned Government Order dated 02.02.2011 has to be set aside and the matter must be remanded back to the State of Tamil Nadu for a fresh consideration. 8. Accordingly, this Writ Petition stands allowed and the impugned Government Order in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, stands set aside. The State of Tamil Nadu is directed to reconsider the case.
8. Accordingly, this Writ Petition stands allowed and the impugned Government Order in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, stands set aside. The State of Tamil Nadu is directed to reconsider the case. In the mean time, the petitioner shall be permitted to receive the compensation amount fixed at Rs.8,28,40,000/- (Rupees Eight Crores, Twenty Eight Lakhs and Forty Thousand only), which shall be without prejudice to the petitioner's right of filing necessary application for the purpose of enhancement of compensation amount and subject to condition that the petitioner on receipt of the said compensation amount shall hand over the possession of the land, so as to enable the Chennai Metro Rail Project to go ahead. Consequently, connected M.P.Nos. 1 to 3 of 2011 are closed. No costs.