Prayer in W.P(MD)No.10757 of 2016: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to initiate and expedite the land acquisition proceedings under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 with respect to the lands comprised in S.F.Nos.1644, 1645/1 and 1645/2, Adhiyanoothu Village, Dindigul District and complete the same within the time stipulated by this Court and to disburse the due compensation for the land acquired to the Petitioner company.
Prayer in W.P(MD)No.10758 of 2016: Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to pay the sum of Rs.10 crores with accrued interest, deposited pursuant to the order of this Court dated 28.7.2015 in Cont.P(MD)No.570 of 2015 in W.P(MD)No.1389 of 2014, dated 28.7.2015 lying in the nationalised Bank towards part satisfaction of the compensation for the Petitioner's dispossessed land, to be acquired from the Petitioner company.
In W.P(MD)No.10757 of 2016, the Petitioner seeks for a direction to the respondents to initiate and expedite the land acquisition proceedings under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 with respect to the lands comprised in S.F.Nos.1644, 1645/1 and 1645/2, Adhiyanoothu Village, Dindigul District and complete the same within the time stipulated by this Court and to disburse the due compensation for the land acquired to the Petitioner company.
2.In W.P(MD)No.10758 of 2016, the Petitioner seeks for a direction to the respondents to pay the sum of Rs.10 crores with accrued interest, deposited pursuant to the order of this Court dated 28.7.2015 in Cont.P(MD)No.570 of 2015 in W.P(MD)No.1389 of 2014, dated 28.7.2015 lying in the nationalised Bank towards part satisfaction of the compensation for the Petitioner's dispossessed land, to be acquired from the Petitioner company.
3.The grievance of the Petitioner-Company is that even though the respondents 4 to 7 took possession of the land belonging to the Petitioner/company and handed over the same to the Southern Railways namely, the respondents 8 and 9 herein,without even issuing fresh notification of the proposed acquisition, till this date, the respondents have not completed the acquisition process and determined the compensation payable to the Petitioner. It is the further case of the Petitioner that the original notification earlier issued under the Land Acquisition Act, 1984 got lapsed and no steps are taken to issue any fresh notification, despite the fact that the Petitioner was dispossessed of their land long ago.
4.The sixth respondent filed a report before this Court, dated 30.1.2017 stating that 29 months are required for initiation and completion of the fresh land acquisition proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997.
5.Heard both sides and perused the materials placed before this Court.
6.It is not in dispute that the Petitioner's lands were taken possession as early as in the year 1984. It is also not in dispute that the earlier attempt made by the respondents to initiate and complete the acquisition proceedings under the Land Acquisition Act was not successful due to certain technical reasons. However, the respondents wanted to commence fresh acquisition proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997. It is seen that such proceedings have also not been initiated and completed so far. When that being the factual position, the respondents cannot take their own time to commence and complete the acquisition proceedings under the above said enactment, that too, by seeking a long time of 29 months. Needless to say that the Petitioner, who is dispossessed of the land must get the compensation at the earliest point of time, as it is stated before this Court by the learned counsel for the Petitioner that they would not oppose the acquisition and would co-operate with the authorities in completing the acquisition proceedings at the earliest possible time.
7Therefore, W.P(MD)No.10757 of 2016 is disposed of, by directing the respondents to commence and complete the acquisition proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997, within a period of one year from the date of receipt of a copy of this order. The petitioner is also directed to co-operate with the respondents in completing the acquisition proceedings, within the time stipulated supra. W.P(MD)No.10758 of 2016
8.In view of the order passed in W.P(MD)No.10757 of 2016, with a direction to the respondents to commence and complete the acquisition proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose, 1997, within a period of one year from the date of receipt of a copy of this order, no further order is necessary in this Writ Petition. Accordingly, the same is closed. No costs.
To
1.The State of Tamil Nadu, represented by its Chief Secretary to Government, Fort St.George, Chennai ? 600 009.
2.The Additional Chief Secretary to Government, Transport Department, Fort.St.George, Chennai ? 600 009.
3.The Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam,Chepauk, Chennai ? 600 005.
4.The District Collector, Dindigul Collectorate, Dindigul District, Dindigul ? 624 004.
5.The District Revenue Officer, Dindigul Collectorate Building, Dindigul ? 624 004.
6.The Revenue Divisional Officer, Sub-Collector Office Road, Dindigul -624 001.
7.The Tahsildar(East), East Taluk Office, Dindigul District Treasury Office Road, Dindigul ? 624 001.
8.The Southern Railways, represented by its General Manager, Southern Railway Head Quarters, Park Town, Chennai ? 600 003.
9.The Deputy Chief Engineer, Construction I Department, Southern Railways-Madurai Division, Gauge Conversion, Arasaradi, Madurai ? 625 016. .