The court dismissed three writ petitions seeking reconveyance of land originally acquired for public housing. The High Court held that the land had been utilized for an EWS housing scheme under PMAY with 80% construction completed, negating the plea of non-utility.
Dismissal of Writ Petitions No. 12512 to 12514 of 2017 with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
Writ Petition Nos.12512 to 12514 of 2017
1.Kousalya
... Petitioners in W.P.No.12512
2.Vanammal
1.Kantha
4.Gunasundari ... Petitioners in W.P.No.12513
7.Arputham ... Petitioners in W.P.No.12514
-Vs-
rep.by the Secretary to Government Housing and Urban Development Authority Secretariat, Chennai 600 009.
Prayer in W.P.12512 of 2017 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to reconvey the petitioners land in S.No.357/7B with extent of 42 cents situated at Eachankuzhi village, H/o Edayanchavadi Village, Ponneri Taluk, Thiruvallur District which is under the subject matter of land acquisition vide Declaration G.O.Ms.No.91 dated 6.3.1992 on the file of first respondent by considering the petitioners representation dated 13.04.2017.
Prayer in W.P.12513 of 2017 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to https://hcservices.ecourts.gov.in/hcservices/ reconvey the petitioners land in S.No.357/7B with extent of 42
cents situated at Eachankuzhi village, H/o Edayanchavadi Village, Ponneri Taluk, Thiruvallur District which is under the subject matter of land acquisition vide Declaration G.O.Ms.No.91 dated 6.3.1992 on the file of first respondent by considering the petitioners representation dated 13.04.2017.
Prayer in W.P.12514 of 2017 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to reconvey the petitioners land in S.No.357/7B with extent of 11 ares situated at Eachankuzhi village, H/o Edayanchavadi Village, Ponneri Taluk, Thiruvallur District which is under the subject matter of land acquisition vide Declaration G.O.Ms.No.91 dated 6.3.1992 on the file of first respondent by considering the petitioners representation dated 13.04.2017.
For Petitioners in all W.Ps. : Mr.T.P.Sekar
For Respondents in all W.Ps : Mr.N.Inbanathan Addl. Govt Pleader – for RR 1 & 2 Mr.S.Prabhu, Standing Counsel -for R3
C O M M O N O R D E R
Since the issue raised in these writ petitions are one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions are heard together and disposed of with this common order. The first petitioner in W.P.No.12514 of 2017 is reported to be dead. However, the writ petition is maintained by the other petitioners.
petitioners were unutilized for the purpose for which it was actually acquired and it has been handed over to various authorities and at last it has come to the hands of the third respondent viz., Tamil Nadu Slum Clearance Board and the said authority also has not utilized the acquired land for the purpose of housing and still vacant lands are there. Therefore, the unutilized lands can be re-conveyed to the petitioners and in order to get the re-conveyance, each of the petitioners have given separate representations and since the said representations have not been considered, the petitioners have filed the present writ petitions with the aforesaid prayer.
“Inasmuch as the interested persons have not participated for any enquiry during the land acquisition process and in the absence of any documentary evidence in proof of their claim over the title of the property, the apportionment of https://hcservices.ecourts.gov.in/hcservices/ the ownership and compensation could not be
dispersed. Hence, the entire amount of compensation as worked out was ordered to be kept in Civil Court Deposit and the following persons namely 1) Tmt.Vanammal D/o Late Shanmuga Naicker 2) S.Kamsala D/o Late Shanmuga Naicker have been included as interested persons and a reference under Section 30 and 31(2) made to Sub-Court, there were no trees or buildings on the land the same was also mentioned in the awad No.2/2001 dated 03/08/2001. The competion amount of Rs.18,00,000/- for the award No.2/2001 dated 03/08/2001 deposited at Sub-Treasury, Ponneri Vide Chalan No.1534 and 1535 dated 14.09.2001. The land was vacant and till now vacant and no residence is located in the land bearing S.No.357/5 as stated by the petitioner. The land was acquired by TNHB for housing project and the transferred to CMDA and in turn to TNSCB for affordable housing. TNSCB has formulated as EWS housing scheme and got approval from Government of India under PMAY (Pradhan Mantri Awas Yojana) and the agency has been finalized for constructing 3360 EWS houses in the 19.75 Acres of land handed over to TNSCB which includes S.No.357/5. The process for implementation of EWS Housing Scheme started as soon as the land was handed over to TNSCB. A demand survey was conducted and 18,000 people responded to the survey and about 250 have paid in advance amount of Rs.10,000/- even before the commencement of the project. The case filed against acquisition was dismissed by the Hon'ble High Court in W.P.No.8850/1992 on 07/02/1999 which is admitted by the petitioner. The award for S.No.357/5 was passed on 03/08/2001 vide Award No.2/2001 after the Hon'ble High Court dismissed the cases against acquisition. Since the land is being utilized for the purpose of Housing Scheme as ordered in the Acquisition the vacant land cannot be re-conveyed to the petitioner.”
out, which also would be completed soon. Therefore, the question of keeping the land unutilized as claimed by the petitioners does not arise. Instead, the entire land has been property utilized for public purpose as stated above.
acquired, but also 80% of the land has been utilized by constructing dwelling houses, which is under progress.
Sd/-
Assistant Registrar(CO)
//True copy//
Sub Assistant Registrar
KST
To
Housing and Urban Development Authority Secretariat, Chennai 600 009.
Chennai Metropolitan Development Authority Thalamuthu Natarajan Building
Egmore, Chennai-8.
+3ccs to Mr.T.P.Sekar, Advocate SR.Nos.24493,24492, and 24491
+1cc to Mr.S.Prabhu, Advocate SR.No.24267
+1cc to the Government Pleader SR.Nos.24993 and 24995
W.P.Nos.12512 to 12514 of 2017
PL(CO)
RLP(19/07/2021)
2 issues framed by the court
Whether writ petitions demanding reconveyance of acquired land should be allowed when the land is utilized for public housing purposes.
Whether unutilized portions of a slum clearance board's acquired land can be returned to petitioners while construction is ongoing.
2 provisions across 2 enactments
Kousalya
Vanammal
Kantha
The State of Tamil Nadu
Chennai Metropolitan Development Authority
Tamil Nadu Slum Clearance Board
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
