The petitioner is the owner of land measuring 4.59 acres at No.103, Pillaipakkam village. The land of the petitioner along with adjacent lands at Pillaipakkam was acquired under Section 4 of Tamil Nadu Act, 1999 for the purpose of Industrial Development.
2. The petitioner submits that the land of petitioner is not agriculture land, but unapproved house plots. Whereas the plots surrounding his area are approved plots. It is submitted that it is not only approved plots, which are used for industrial purposes, but also unapproved plots, therefore there cannot be any discrimination with regard to grant of compensation with regard to approved or unapproved land.
3. The petitioner had purchased his land in the year 1995 and at the time of getting the sale deed registered, it was not treated to be agriculture land, but housing plots. The petitioner, therefore, had to pay additional deficit stamp duty. Furthermore, part of the land purchased by petitioner was forming part of approved housing lay out, which came to the knowledge of petitioner, when due compensation was paid for those lands.
4. The petitioner further submits that the land of petitioner is already developed plots and that he could sell plots for industrial purposes. The petitioner has not been paid due compensation for the last four years and the market value of the property at present is more than Rs.1,000/- per sq.ft. The petitioner therefore submits that he is entitled to get reasonable compensation at the rate of Rs.200/- per sq.ft as per
Section 7(3) of the Tamil Nadu Act No.10/1999, as this compensation is paid to the owners of the adjacent land owners.
5. It is the stand of petitioner that his detailed representation has not been considered. It is further submitted by petitioner that all the objections having been filed, he was asked to appear before the Special District Revenue Officers (SIPCOT), Sriperumbudur, where the petitioner gave the following statement:
"8a. I am owner of totally 4 acres 59 cents, comprised in 11 plots in Survey nos.1/1, 2/13, 2/11B, 2/11C, 2/15, 3/15, >, 3/6B, 3/9A, 3/1, 3/2 at Pillaipakkam village, Sriperumbudur Taluk within SIPCOT Development Scheme unit II Block NO.IV in and around the Thiruvengadam layour Pillaipakkam.
8b. The above plots are situated in the midst of house plots of approved lay-out of Thiruvengadam Nagar. Hence my lands are also considered to be house sites for which due compensation amount has to be paid on par with compensation to my neighbours. Though at the time of purchase of the said lands there was mention about lands, they could not treated as mere lands but only as housing plots since my lands are surrounded by the approved housing lay-outs. Compensation has to be paid equally to all the lands situated when the same block.
8c. The Authorities shall consider the object of G.O.Ms.190 Housing and Urban Development Deportment dated 02.09.2008.
8d. The acquisition of lands for SIPCOT is only for industrial purpose and not for any other public purpose. The value per sq.feet is determined at Rs.500/- in the same area."
6. On the pleadings referred to above, the petitioner has prayed for issuance of a writ in the nature of Mandamus, for directing respondent no.3 to pay compensation to the petitioner at the rate of Rs.500/- per sq.ft. in respect of petitioner's property measuring 4.59 cents comprised in S.Nos. 1/1, 2/13, 2/11B, 2/11C, 2/15, 3/15, 3/4, 3/6B, 3/9A, 3/1, 3/2 at Pillaipakkam village, Sriperumbudur Taluk, Kancheepuram as paid to the adjacent land owners.
7. The writ petition on the face of it is totally misconceived. The impugned order challenged by petitioner at best can be read to mean, that the respondents have refused to reach agreement with the petitioner for fixing price of the land. The payment of compensation for the acquired land under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 is governed by the statute.
8. The Chapter III of the Act deals with "Determination and Payment of amount", which reads as under:
"DETERMINATION AND PAYMENT OF AMOUNT
6. 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.
7. 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 order, specify, to be paid for such acquisition shall be determined by the Collector without the previous approval of the Government as 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 modifications that -
(a) in the said Section 23, the references to the date of publication of the notification under
Section 4, sub-section (1) and the time of publication of the declaration under
Section 6 of the said Act shall be construed as references to the date of publication of notice under sub-sections (2) and (1) respectively of
Section 3 of this Act; and
(b) in the said Section 24, the references to the date of publication of notification under
Section 4, sub-section (1) and the date of publication of the declaration under
Section 6 of the said Act shall be construed as references to the date of publication of notice under sub-sections (2) and (1) respectively of
Section 3 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 require 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 1860 (Central Act XLV of 1960).
(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 such time as may be prescribed.
(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 de novo.
8. 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, in so far 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 mutandi apply to further proceedings in respect thereof.
(2) The decisions of the Court on such reference and subject only to such decision, the decision of the Collector determining the amount, shall be final.
9. Apportionment of amount:- (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 7, 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.
(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 thereby 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.
11. Investment of amount deposited in the Court:- Where any amount has been deposited in Court under sub-section (3) of
Section 10, the Court may either of its own motion or on the application made by or on behalf of any party 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 proc3eeds of any such investment to be accumulated and paid in such manner as will, in its opinion gives the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such amount has been deposited as near thereto as may be.
12. Payment of interest:- Where the amount is not paid or deposited on or before taking possession of the land, the Government shall pay the amount determined with interest thereon at the rate of four percent per annum from the time of so taking possession until it shall have been so paid or deposited."
9. The reading of the provisions of the Act shows that in absence of settlement between the petitioner and the State, it is not for this Court in exercise of writ jurisdiction to issue directions for payment of compensation at the rate claimed by petitioner, nor it is open for this Court to direct respondents to treat the acquired land as the housing plots or agriculture land. The potential value of the land also cannot be considered by this Court.
10. As per the provisions of the Act, it is for the State to fix price for consideration by the Collector under the provisions of the Statute. In case, there is no settlement between the parties, then the State Government is under statutory obligation to refer the question of determination for compensation under
Section 7(3) of the Act to the Collector. In case the land owners are not satisfied with the compensation, so ordered by the Collector, they have right to get the matter referred to the Court for determination of compensation payable for the acquired land, on the principles laid down under the Land Acquisition Act.
11. It is not disputed that so far the Collector has not passed any adjudicatory order under
Section 7(3) of the Act, therefore, this writ petition is disposed of by directing the State of Tamil Nadu to refer the dispute regarding determination of compensation to the Collector in terms of
Section 7(3) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.
12. Needless to mention, that if the petitioner is not satisfied with the compensation, so fixed by the Collector, it shall be open to the petitioner to seek reference under the Act to the Court for determination of compensation.
13. Disposed of accordingly. No costs.
usk/ar To
1.The District Collector of Kancheepuram, Kancheepuram
2. The Special District Revenue Officer, (Land acquisition) for SiPCOT, Irunkattu kottai Development Scheme, Unit-2, Sriperumputhur Post, Kancheepuram District
3. The Special Thasildar (L.A) SIPCOT, Irunkattukottai Development Scheme, Unit-2, Sriperumbuthur Taluk, Kancheepuram District