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2014 DIGILAW 521 (MAD)

S. Santhosh Kumar v. Government of Tamil Nadu

2014-02-27

S.MANIKUMAR

body2014
Judgment : 1. The petitioner has sought for a Writ of Mandamus, forbearing the respondents, from initiating any action, to disposses him from the lands comprised i.e., in then S.No.509/B1A1, New S.No.1067/13 and 1067/14, measuring an extent of 300 square metres and 160 square metres, respectively, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District. 2. On this day, when the matter came up for hearing, based on the instructions of, Mr.E.Muruganandam, Special Tahsildar (L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai, sixth respondent, present in the Court, Mr.T.N.Rajagopalan, learned Special Government Pleader, submitted that the lands in New S.No.1067/13, is proposed to be acquired under the Land Acquisition Proceedings. He further submitted that the purpose of acquisition is for widening of Singaperumal Koil, Sriperumbudur, Tiruvallur-Redhills Road. 3. Earlier on 20.02.2014, when the matter came up for hearing, this Court, passed the following order:- ".... 2. At page No.54 of the typed set of papers, the petitioner has enclosed a copy of the Gramanatham patta No.635 dated 23.11.2012 in favour of Mr.Sambandam Mudaliar, father of the petitioner. The said patta is stated to have been issued by the Head Quarters Tahsildar, Tiruvallur. Patta issued is in respect of the properties in S.Nos.1067/13 and 1067/14 respectively. Subsequently, the said patta has also been changed in the name of the writ petitioner, by the Zonal Deputy Tahsildar, Tiruvallur on 27.12.2012. 3. As Gramanatham patta is stated to have been issued in respect of the properties in S.Nos.1067/13 and 1067/14, Mr.T.N.Rajagopalan, learned Special Government Pleader, is directed to get instructions as to whether the authorities can make any attempt to take possession of the lands, without due process of law. 4. Considering the apprehension of the petitioner that buildings which exists in the above said Survey Numbers would be demolished, if there is no protection, this Court is inclined to grant interim injunction restraining the respondents from interfering with the petitioner's land comprised in then S.No.509/B1A1, New S.No.1067/13 and 1067/14, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, for a period of ten days from today. .... ...." 4. Mr.T.N.Rajagopalan, learned Special Government Pleader further submitted that acquisition proceedings have been initiated, taking note of the entries in the Adangal dated 03.08.2010 of Ekkadu Village. This book has taken note of the material on record, at the time of entertaining the Writ Petition. .... ...." 4. Mr.T.N.Rajagopalan, learned Special Government Pleader further submitted that acquisition proceedings have been initiated, taking note of the entries in the Adangal dated 03.08.2010 of Ekkadu Village. This book has taken note of the material on record, at the time of entertaining the Writ Petition. The petitioner has enclosed a copy of the patta, in respect of the properties in S.No.1067/14, at page Nos.54 and 55 enclosed in the typed set of papers. For details, they are extracted hereunder:- “TAMIL” 5. When the matter came up for hearing, Mr.T.N.Rajagopalan, learned Special Government Pleader invited the attention of this Court, to the representation dated 25.03.2013 sent to the Special Tahsildar (L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai – 56. He further submitted that though the petitioner has sought for a Mandamus, forbearing the respondents, from initiating any action to disposses him, from the lands comprised in S.No.509/B1A1, New S.No.1067/13 and 1067/14, measuring an extent of 300 square metres and 160 square metres, respectively, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, based on the representation dated 25.03.2013 addressed to the Special Tahsildar (L.A), Tamil Nadu Urban Development Project, Chennai, the petitioner, in the said representation has only sought for payment of compensation for the extent of land, stated supra, falling within the classification 'Natham Poramboke', in S.No.1067/13 Old S.No.509/B1A1. Learned Special Government Pleader also invited the attention of this Court to the specific request of the Writ Petitioner, in the representation dated 25.03.2013, and further submitted that, what was requested by the petitioner in his representation, was only to include the lands, to issue a rectification, and consequently, issue a notice under Sections 9 and 10 of the Act, so as to enable the petitioner, to seek for compensation. He stated that the acquisition proceedings were not challenged. But the petitioner wanted only adequate compensation. 6. For better understanding, this Court deems it fit to extract the registered letter dated 25.03.2013 of the petitioner, addressed to the Special Tahsildar (L.A), Tamil Nadu Urban Development Project-III, Poonamallee, Chennai-56. "M.Venkatarangam B.Com., B.L. Advocate Res:#52, Agaram Street Tiruvallur 602 001 Off:#3, Kondamapuram St., Tiruvallur – 602 001. _________________________________________________________________________________________________________________________________ By. Reg. Post with Ack.Due DATE : 25.3.2013 TO The Special Tahsildar (L.A) Tamil Nadu Urban Development Project III No.15, M.G.Nagar, Main Road, Poonamallee, Chennai-56. (Near Vigneshwara Theater) SUB: Na.Ka.139/2010/A1, dated 17.8.2010, Land Acquisition in Ekkadu Village, Tiruvallur Taluk. "M.Venkatarangam B.Com., B.L. Advocate Res:#52, Agaram Street Tiruvallur 602 001 Off:#3, Kondamapuram St., Tiruvallur – 602 001. _________________________________________________________________________________________________________________________________ By. Reg. Post with Ack.Due DATE : 25.3.2013 TO The Special Tahsildar (L.A) Tamil Nadu Urban Development Project III No.15, M.G.Nagar, Main Road, Poonamallee, Chennai-56. (Near Vigneshwara Theater) SUB: Na.Ka.139/2010/A1, dated 17.8.2010, Land Acquisition in Ekkadu Village, Tiruvallur Taluk. REF: In this regard, already letters have been sent on 24.8.2010 and 13.2.2013. Sir, I am issuing this notice under instructions from my client Thiru.S.Santhoshkumar, Son of Samikannu residing at No.187, Mel Padhi Street, Ekkadu Village and Post as follows:- My client is residing in the terraced house in site coming under Natham S.No.1067/14 (Old S.No.509/B1A1) in Ekkadu Village, Tiruvallur Taluk. He and his ancestors are there for the past several years. Patta No.635 was issued originally in the name of his father samickannu who has settled the property in favour of my client under Registered Settlement deed dated 4.7.2008 (Deed No.7418/2008) pursuant to which patta was transferred in the name of my client under RPT/2034/2012. While so, for acquisition of land for the Singaperumal Koil Sriperumbudur-Tiruvallur-Redhills road widening project, you have included my client's property in S.No.1067/14 which lies between No.13 and 14 Balakrishnan and Kanchana mentioned in the paper publication and notification. It might have been missed due to inadvertence. Because my client is pattadar (No.635) you have to include my client's name so that for the land to be acquired my client can get the due compensation. Therefore, kindly verify that in between No.13 and 14, the strip of land belonging to my client is acquired and his name may be rectification would included and that help him for all purposes of Sec.9,10, notices and further reference to Court if any that may advise under Sections 18 or 30(3) of Land Acquisition Act. Hope a reply will be sent in this regard. Yours Truly, /sd/ ..... 7. When attention of the above said letter, was brought to the notice of M/s.T.K.S.Gandhi, learned counsel for the petitioner, he fairly submitted that the respondents may be directed to provide an opportunity to the petitioner to place all the materials, for receipt of adequate compensation. The submission of the learned counsel for the petitioner is placed on record. 7. When attention of the above said letter, was brought to the notice of M/s.T.K.S.Gandhi, learned counsel for the petitioner, he fairly submitted that the respondents may be directed to provide an opportunity to the petitioner to place all the materials, for receipt of adequate compensation. The submission of the learned counsel for the petitioner is placed on record. Thus, the only objection of the writ petitioner, insofar as land in S.No.1067/14, is payment of adequate compensation and he is not opposing the acquisition of lands. Learned counsel for the petitioner further submitted that till an enquiry is conducted, and adequate compensation is determined, under Section 19 of the Tamil Nadu Highways Act, 2001, possession of the petitioner, need not be disturbed. Submission of the learned counsel for the petitioner is placed on record. On the fair submission of the learned counsel for the petitioner, this Court hereby records that the acquisition of lands is not challenged, but the only claim is payment of adequate compensation. 8. Mr.T.N.Rajagopalan, learned Special Government Pleader submitted that, in respect of the lands required for widening of Singaperumal Koil, Sriperumbudur, Tiruvallur-Redhills Road, awards have been passed, and possession of lands have been taken, except in certain cases, where interim orders have been passed by this Court. On instructions from Mr.E.Muruuganandam, Special Tahsildar, present in the Court, learned Special Government Pleader further submitted that the execution of the work, is under progress. 9. On the aspect of retention of possession, till compensation amount is determined by the Government or the competent authority, as the case may be, this Court deems it fit to extract, Sections 16 to 19 of the Tamil Nadu Highways Act, 2001:- "16. Land acquired to vest in Government free from all encumbrances:- (1) When a notice under sub-section (1) of Section 15 is published in the Tamil Nadu Government Gazette, the land to which the said notice shall, on and from the date of such publication, vest absolutely in the Government free from all encumbrances: Provided that if before actual possession of such land is taken by or on behalf of the Government, it appears for the Government, that the land is no more required for the purpose of this Act, the Government may, by notice published in the Tamil Nadu Government Gazette, withdraw the land from acquisition. On the publication of such notice, the land shall revest with retrospective effect in the person from whom it was divested of on the issue of order under sub-section (1) of Section 15 subject to such encumbrance, if any, as may be subsisting at that time: Provided further that the owner and other persons interested shall be entitled to payment of an amount as determined in accordance with the provisions of Section 19 for the damages, if any, suffered by them in consequence of the acquisition proceedings. (2) Where any land is vested in the Government under sub section (1), the Government may, by order, direct any person who may be in possession of the land to surrender or deliver possession thereof to the Collector or any person duly authorised by him in this behalf, within thirty days of the service of the order. (3) If any person refuses or fails to comply with an order made under sub-section (2), the Collector may take possession of the land and, may for that purpose, use such force as may be necessary. 17. Use of land acquired.- Where any land has been acquired under this Act, the Government may use or cause to be used such land for the purpose of this Act. 18. Right to receive amount.- Every owner or person interested in any land acquired under this Act shall be entitled to receive and be paid an amount as hereinafter provided. 19. Determination of amount.- (1) Where any land is acquired by the Government under this Act, the Government shall pay an amount for such acquisition, which shall be determined in accordance with the provisions of this section. (2) Where the amount has been determined by agreement between the Government and the person to whom the amount has to be paid, it shall be paid in accordance with such agreement. (3) Where no such agreement can be reached, the Government shall refer the case to the Collector for determination of the amount to be paid for such acquisition as also the person or persons to whom such amount shall be paid: Provided that no amount exceeding such amount as the Government may, by general or special order, specify, to be paid for such acquisition shall be determined by the Collector without the previous approval of the Government or such officer as the Government may appoint in this behalf. (4) Notwithstanding anything contained in sub-section (3), after the case is referred to the Collector under that sub-section, but before he has finally determined the amount, if the amount is determined by agreement between the Government and the person to whom the amount has to be paid, such amount shall be paid by the Collector in accordance with such agreement. (5) Before finally determining the amount, the Collector shall give an opportunity to every person to whom the amount has to be paid to state his case as to the amount. (6) In determining the amount, the Collector shall be guided by the provisions contained in sections 23 and 24 and other relevant provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), subject to modification that in the said sections 23 and 24, the reference to the date of publication of the notification under sub-section (1) of Section 4 and the date of publication of the declaration under section 6 of the said Act shall be construed as reference to the date of publication of notice under sub-sections (2) and (1), respectively, of section 15 of this Act. (7) For the purpose of determining the amount - (a) the Collector shall have power to require any person to deliver to him such returns and assessments as he considers necessary; (b) the Collector shall also have power to require any person known or believed to be interested in the land to deliver to him a statement containing as far as may be practicable, the name of every other person interested in the land as co-owner, mortgagee, tenant or otherwise, and the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. (8) Every person required to deliver a return, assessment or statement under sub-section (7) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (Central Act XLV of 1860). (9) The Collector may hear expert witnesses if it be necessary to do so in any particular case. (10) The Collector or any officer authorised by him in this behalf shall be entitled to enter in and inspect any land which is subject to proceedings before him. (9) The Collector may hear expert witnesses if it be necessary to do so in any particular case. (10) The Collector or any officer authorised by him in this behalf shall be entitled to enter in and inspect any land which is subject to proceedings before him. (11) The Collector shall dispose of every case referred to him under sub-section (3) for determination of amount as expeditiously as possible and in any case within six months from the date of such reference. (12) Where any case is referred to any Collector under sub-section (3), the Government may, at any stage by order, in writing and for reasons to be recorded therein, transfer it to any other officer, and upon such transfer, unless some special directions are given in the order, the officer to whom the case is transferred, may hear and dispose of the case from the stage at which it was transferred or the case may be heard and disposed of by him denovo." 10. Reading of the above said provisions, makes it clear that possession of lands acquired, can be taken, even before determination of the quantum of compensation. Inasmuch as the petitioner, himself has sought only for payment of compensation, and not opposing the acquisition of lands and taking note of the orders issued by the Special Tahsildar(L.A), Tamil Nadu Urban Development Project–III, Poonamallee, Chennai-56 and having regard to the categorical submission of the learned counsel for the petitioner, now placed on record, this Court is of the view that possession of land in S.No.1067/14, subject matter of the present Writ Petition, can be taken, in the manner provided for, under Section 16 of the Tamil Nadu Highways Act, 2001. 11. Simultaneously, the Special Tahsildar or the competent authority can also issue a notice to the petitioner, for determination of compensation amount, in accordance with the provisions of the Act. The Special Tahsildar or any other competent authority may fix a date, for the appearance of the petitioner, or any other person interested in the land to receive compensation, and proceed, to determine the compensation amount to be paid, in terms of Section 19 of the Act. On the date fixed, the petitioner may appear and produce all documents, in support of the contention, to prove that he is the owner of the subject matter of the property in S.No.1067/14, and only person to receive the compensation. On the date fixed, the petitioner may appear and produce all documents, in support of the contention, to prove that he is the owner of the subject matter of the property in S.No.1067/14, and only person to receive the compensation. Upon perusal of the document of title, in respect of the property in S.No.1067/14, or any other acceptable revenue document, the Special Tahsildar(L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai-56, is directed to decide the entitlement to receive the compensation, and also determine the quantum of compensation, due and payable to the petitioner, as per the provisions of Tamil Nadu Highways Act, 2001. 12. Reference to the court of competent civil jurisdiction is not automatic. In this context, Section 20 of the Act is extracted:- "20. Reference to Court.- (1) Any person aggrieved by the decision of the Collector, or the officer to whom the case was transferred, determining the amount may, within sixty days from the date of such decision, insofar as it affects him, by application to the Collector or the officer to whom the case was transferred, require that the matter be referred by him for the determination of the Court as defined in the Land Acquisition Act, 1894 (Central Act I of 1894), and when any such application is made, the provisions of Part III of the said Act shall mutatis mutandis apply to further proceedings in respect thereof. (2) The decision of the Court on such reference and subject only to such decision, the decision of the Collector determining the amount shall be final." 13. Considering the materials available on record, it cannot be deduced that who is the person or persons entitled to receive the compensation and apportionment required to be made. Sections 21, 22 and 23 deal with the apportionment of payment of amount, and deposit of the amount in the Court. It is worthwhile to incorporate the said sections also. "21. Apportionment.- (1) Where several persons claim to be interested in the amount determined, the Collector shall determine the persons, who, in his opinion, are entitled to receive the amount and the amount payable to each of them. It is worthwhile to incorporate the said sections also. "21. Apportionment.- (1) Where several persons claim to be interested in the amount determined, the Collector shall determine the persons, who, in his opinion, are entitled to receive the amount and the amount payable to each of them. (2) When the amount has been determined under Section 19, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute for the decision of the Court. 22. Payment of amount.- (1) Where the amount is determined by agreement, the Government shall papy such amount to the person or persons entitled thereto. (2) Where the amount is determined by the Collector or by any other officer under the provisions of section 19, the Government shall tender payment of the amount determined to the persons entitled thereto according to such determination and shall pay to them unless prevented by someone or more of the contingencies mentioned in sub-section (3). (3) If the persons entitled to amount according to the decision of the Collector do not consent to receive it, or if there be no person competent to alienate the land or if there be any disputes as to the title to receive the amount, the Government shall deposit the amount so determined in the Court: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any amount determined under this Chapter, to pay the same to the person lawfully entitled thereto. 23. 23. Investment of amount deposited in the Court.- Where any amount has been deposited in Court under sub-section (3) of section 22, the Court may either of its own motion or on the application made by or on behalf of any party interested or claiming to be interested in such amount, order the same to be invested in such Government or other securities approved by the Government as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such amount has been deposited or as near thereto as may be. 14. (1) As the land in S.No.1067/14 has not been included, in the notification, G.O.(Ms).No.85 Highways and Minor Ports (HW2), 25th May 2012, the notification requires rectification. The respondents are directed to take necessary steps for inclusion of the land in S.No.1067/14 in Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, for widening of the road. (2) No sooner, the Special Tahsildar (L.A), Tamil Nadu Urban Development Project–III, Poonamallee, Chennai-56, arrives at a conclusion, on the ownership or claim of any interested person, to receive compensation, in respect of the subject matter of the property, covered in S.No.1067/14, Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, he shall prepare the award, and thereafter, seek for approval of the competent authority. (3) After getting necessary approval from the competent authority/the Special Tahsildar(L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai-56, shall pronounce the award, and take further proceedings, under the Tamil Nadu Highways Act, 2001, for disbursement of the compensation amount, determined under Section 19 of the Act. (4) The whole exercise shall be completed within eight weeks from the date of receipt of a copy of this order. 15. Learned counsel for the petitioner fairly submitted that three weeks, time may be granted for vacating from the subject property in S.No.1067/14. Considering the difficulties expressed, three weeks time is granted for the petitioner to deliver possession. Having regard to the submission, the respondents shall not take any coercive steps till the petitioner surrenders possession within three weeks. 16. With the above said directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.