Tamil Nadu government seeks legal opinion on a 30-year-old land acquisition case

This is the question which is bugging the State government as it has sought the Advocate-General’s opinion after staring at contempt of court proceedings in Madras High Court.
Image for representational purposes. (Express Illustrations)
Image for representational purposes. (Express Illustrations)

CHENNAI: Can a piece of land acquired for a project, if not put to use for which it is acquired, be re-conveyed to land owners? This is the question which is bugging the State government as it has sought the Advocate-General’s opinion after staring at contempt of court proceedings in Madras High Court.

The case which pertains to land acquisition nearly 30 years ago and wherein Madras High Court division bench ordered in 2009 and 2015 to reconvey 6.50 grounds of a family which was acquired for integral housing project near Taylor’s Road at Kilpauk. The issue dates back to 1989-90 wherein initially 64 more grounds belonging to a family were acquired for an integral housing scheme but the surplus land got later transferred to other private and public institutions.

The land acquired for integral housing project was used for Tamil Nadu Housing Board, Tamil Nadu Civil Supplies Corporation and Chinmayananda Vidyalaya. As a result, the family were left with 6 ½ grounds.

Two grounds out of which is the pathway. This was also to be acquired for the housing scheme. The family approached Madras High Court in 2000 after special deputy collector in a letter to the government stated that the landowner passed away on 1990 leaving his wife, son and daughter and they will be left in lurch due to the acquisition of land and deemed it a case wherein the land under Section 48 of the land acquisition Act be withdrawn. In 2006, a division bench took a view that while exercising powers under Section 48-B of land Acquisition Act, the government had not applied their mind and stated that petitioners are entitled to the consideration of their case under Section 48B of the Act and to merely observe that their lands are required for the scheme will not suffice.

It also directed the government to dispose of the representation by the family within six weeks. However, in July 2011, pursuant to the order, the State housing board passed a fresh order where in the request for reconveyance of 6.5 grounds was rejected.

Meanwhile, the proceedings under Tamil Nadu Urban Land (Ceiling and Regulation) Act was challenged in a writ petition in 2007. It was in 2015, a division bench again asked the government to reconvey the land. The government, after the judgment in 2015, took a view that petitioners were willing to give a quietus to the issue after the court quashed the 2011 order of state housing board while asking to reconvey the land.

A further direction was also passed for refund of compensation. However, the state housing department secretary on March 11, 2019 rejected the request for reconveyance of land as a result contempt petition was moved. The Madras High Court in its order on July 16, 2019 observed that Housing secretary violated the directions of the court while giving him a chance to pass orders for the exclusion of an extent of six grounds and 1750 sq. feet of land and hand over the vacant possession of the property within three weeks.

As a result the State is seeking the AG's opinion. Sources said the AG has asked the State to implement the Division bench order within the time limit given and said the housing department order on March 11, 2019 is in violation of division bench order.

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