T. Aathilingam v. District Revenue Officer (Land Acquisition)
2025-04-25
K.RAJASEKAR, S.M.SUBRAMANIAM
body2025
DigiLaw.ai
JUDGMENT : S.M.SUBRAMANIAM, J. The Possession Notice dated 27.02.2025 and the Award dated 30.04.2024 are challenged before the Writ Court. 2. The writ Court rejected to grant the relief mainly on the ground that the procedures contemplated under the Act were followed for the purpose of acquiring land to develop Chennai Metro Rail Project. 3. Mr.S.Joseph Selvaraj, the learned Counsel for the appellants would mainly contend that the initial notice was not issued to the petitioners and therefore, there is a procedural violation and thus the writ petition ought to have been allowed. 4. The learned single Judge passed an order to file a Status Report. Accordingly, a Status Report was filed by the District Revenue Officer, Land Acquisition, CMRL Metros. The report extracted in the writ order impugned reveals that notice inviting for fixation of land parcel as per Section 7(2) of the Act had been issued on 01.02.2024. Notice was received by one Mr.V.Radhakrishnan, President of Villivakkam Villvam Towers Flat Owners Association on 05.02.2024. The said notice had also been pasted on the noticeboard of the Association. As far as the apartment is concerned, the owners are holding undivided share and therefore, the land cannot be earmarked nor schedule can be described in the notice. 5. In view of the fact that each flat owner is having undivided share in the land, notice was served to the association and pasted on the noticeboard of the association enabling the members to take notice. In the very same status report, it is further stated that public notice in Form-B, under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 was published in the local dailies viz., Dinathanthi (Tamil) and The Hindu (English) on 11.10.2023 detailing the land parcels in Villivakkam Village, Aminjikarai Taluk, proposed to be acquired for the purpose of formation of No.13, Villivakkam, M.T.H.Road Metro Station in Corridor-5, Phase-II of Chennai Metro Rail Project. Public hearing was conducted subsequently on 14.11.2023 at 11.00 A.M. by the Special District Revenue Officer (Land Acquisition) based on the public notice. Therefore, the procedures as contemplated under the Act were scrupulously followed that has been recorded by the writ Court in the order impugned. 6. Thus, this Court do not find any infirmity in respect of the order passed by the writ Court and consequently, the Writ Appeal stands dismissed. No costs. Connected Miscellaneous Petition is closed.