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2013 DIGILAW 3151 (MAD)

M. Jamaludeen v. Collector of Chennai

2013-09-03

K.RAVICHANDRA BAABU

body2013
JUDGMENT : 1. The petitioners are seeking for a writ of Mandamus directing the respondents to consider the objection filed by them seeking compensation for their property situated at survey No.125/1B1B of Koyambedu Village, Egmore, Nungambakkm Taluk, Chennai. 2. The case of the petitioner is that they are the owners of the property referred supra by purchasing the same under a registered sale deed on 12.3.1981. The acquisition proceedings had been initiated for formation of inner ring road and consequently 26 cents from the petitioners 1 and 2 and 12 cents from another person, namely, Raja Peer Mohammed were acquired thereby leaving the balance land in the hands of the petitioners. However, after completion of the acquisition proceedings, the Revenue Department wrongly classified the remaining land in the hands of the petitioner as Government Poromboke Highways land without any notice to the petitioners. Even in respect of the said remaining extent of land, further acquisition proceedings were initiated for the purpose of over bridge at Koyambedu junction. The petitioners were not given any notice nor their names appeared in the notification. Since the said lands were wrongly classified as Government Poromboke Highways land, the present writ petition is filed seeking for the prayer, as stated supra. 3. After hearing the matter on several occasions, it was represented before this Court on 24.7.2013 by the learned Special Government Pleader that the District Collector, Chennai, had already completed all the formalities including recording of the statement from the petitioners and as a matter of fact, the proposal for change of classification is under process for being sent to the Commissioner of Land Administration for change of classification. The learned Special Government Pleader also produced the letter of the District Collector addressed to him dated 23.7.2013, to that effect. Thus, the learned Special Government Pleader sought for 15 days time to report the compliance of change of classification by the Government. Considering the said request, this Court has adjourned the matter on 12.8.2013. When the matter was taken up on 20.8.2013, at the request of the learned Special Government Pleader, it was again adjourned on 27.8.2013. 4. Today, the matter is listed before me and even now, the respondents had not complied with the earlier undertaking given by them for changing the classification of the land. However, the learned Special Government Pleader seeks further time for reporting compliance. 5. 4. Today, the matter is listed before me and even now, the respondents had not complied with the earlier undertaking given by them for changing the classification of the land. However, the learned Special Government Pleader seeks further time for reporting compliance. 5. The grievance of the petitioner is that their land has been wrongly classified as Government Poromboke Highways land and the same was subject to the land acquisition proceedings without giving them compensation. 6. The said fact is not disputed by the respondents and on the other hand, they admitted that it was wrongly classified as Government Poromboke Highways land and for seeking reclassification of the same, they are taking steps to rectify the mistake. 7. It is seen from the proceedings of the District Collector of Chennai, dated 23.7.2013, which is a letter addressed to the Government Pleader of this Court, that the land had been wrongly registered as Sarkar Poramboke during the process of town survey and the proposal for change of classification has to be sent to the Commissioner of Land Administration and the same is being under process. Further, the proceedings dated 6.8.2013 addressed by the Collector of Chennai addressed to the Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai, would show that he has made request for ordering change of classification of the subject matter land so as to enable the competent authority and the Special District Revenue Officer, Land Acquisition, National Highways Kancheepuram and Tiruvallur District to proceed further to pay the compensation to the first petitioner herein. 8. Thus, from these proceedings, it is crystal clear that the respondents are admitting that a mistake has crept in classifying the land. Further, they want to rectify the same by addressing the competent authority, namely, the Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai. When that being the admitted factual position, the matter cannot be adjourned again and again for reporting their compliance. Therefore, I feel, it would suffice, if a suitable direction is issued to them in this writ petition. Accordingly, the respondents are directed to reclassify subject matter land within a period of four weeks from the date of receipt of a copy of this order and consequent upon such reclassification, the competent authority is to take steps to disburse the compensation amount to the petitioners within a period of six weeks thereafter. Accordingly, the respondents are directed to reclassify subject matter land within a period of four weeks from the date of receipt of a copy of this order and consequent upon such reclassification, the competent authority is to take steps to disburse the compensation amount to the petitioners within a period of six weeks thereafter. Accordingly, the writ petition is disposed of. No costs. Connected W.P.M.P.No.11638 of 2006 is closed.