Hiralal Goud, v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2017 CORAM :
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.8285 of 2017 Hiralal Goud Represented by his Power of Attorney Agent, M/s.Tablets (I) Ltd., Represented by its Director, 656, T.H.Road, Chennai-600 081.
...
Petitioner Vs
1. State of Tamil Nadu, Represented by Collector of Chennai, Chennai.
2. Chennai Metropolitan Water Supply and Sewerage Board, Represented by its Managing Director, 1, Pumping Station Road, Chennai-600 002.
3. Special Deputy Collector, Land and Acquisition Work, Chennai City, Chennai-600 001.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to comply with the common order dated 20.07.2005 passed by this Court in W.P.No.26 of 1994. For Petitioner : Mr.Najeeb Usman Khan For Respondents : Mr.A.Zakir Hussain Government Advocate
O R D E R
The writ petition is essentially filed to give effect to an order of this Court passed in a batch of writ petitions involved
in W.P.Nos.22407 and 22779 of 1993 and W.P.Nos.24 to 27 of 1994 dated 20.07.2005. In the said order, the petitioner figures as 3rd petitioner. The controversy involved in this case is that the petitioner's property has been earlier acquired for the compensation amount has been paid. The possession however was not taken, and the petitioner moved the Authority for reconveyance under Section 48B of Land Acquisition Act, 1894. In the earlier petition, the respondents agreed to reconvey the excess land acquired from the petitioner under Award No.9/78 and the controversy that arose was the date with reference to which the cost of the land has to be fixed to enable reconveyance. In its order dated 20.07.2005, this Court has directed the Authorities to fix the value of the lands at the market price that was prevailing as in February, 1987. This order has not been complied with by the respondents without any tenable explanation justifying the inaction for 12 years. This has forced the petitioner to come forward with the present writ petition.
2. The only submission of the learned counsel for the petitioner is to direct the authority to fix the price of the land as directed by this Court in its order in the batch of writ petitions in W.P.Nos.22407 and 22779 of 1993 and W.P.Nos.24 to 27 of 1994 dated 20.07.2005. Today, the 1st respondent has filed its counter and also indicated the price payable.
3. Since the possession of the property is with the petitioner, the petitioner has not suffered any loss. In view of the fact that the direction of this Court has been complied with as indicated in paragraph No.5 of the counter affidavit, nothing survives in this petition. The entire process of re conveyance is directed to be concluded subject to such objection if any, of the petitioner to the value of the property as has been fixed to enable re-conveyance, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssn
To
1. The District Collector, Chennai.
2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, 1, Pumping Station Road, Chennai-600 002.
3. Special Deputy Collector, Land and Acquisition Work, Chennai City, Chennai-600 001.
+1cc to Mr.P.J.George, Advocate, S.R.No.92387 W.P.No.8285 of 2017 RRK(14/02/2018)