In the High Court of Judicature at Madras Dated : 25.04.2011 Coram : The Honourable Mr.Justice P.JYOTHIMANI WRIT PETITION NO. 3277 of 2011 and M.P.Nos. 1 to 3 of 2011 M/s.GMMCO Limited 6,G.S.T. Road St.Thomas Mount Chennai-600 016. ...Petitioner Vs 1.The Government of Tamil Nadu Represented by its Chief Secretary Fort St. George Chennai-600 009. 2.Secretary to the Government Planning, Development and Special Initiatives Department Government of Tamil Nadu Fort St. George Chennai-600 009. 3.The Principal Secretary Revenue Department Government of Tamil Nadu Fort St. George Chennai-600 009. 4.The Principal Secretary and Commissioner Land Administration Ezhilagam, Chepauk Chennai-600 005. 5.The District Collector Kanchipuram District Kanchipuram-631 501. 6.The District Revenue Officer Kancheepuram District Kancheepuram-631 501. https://hcservices.ecourts.gov.in/hcservices/ 7.Chennai Metro Rail Limited Rep. by its Managing Director No.11/6 Seethammal Road Alwarpet, Chennai-600 018. 8.The Tahsildar Alandur Taluk @ Naganallur Kancheepuram District Chennai-600 065. 9.The Executive Officer St.Thomas Mount Cantonment Board St.Thomas Mount Chennai-600 016. 10.The High Power Committee Government of Tamil Nadu Fort St. George Chennai-600 009. 11.Revenue Divisional Officer Tambaram Division Kancheepuram District Chennai-600 045. 12.Hindustan Motors Limited 1st Floor, R.R.Towers IV A-16/17, T.V.K.Industrial Estate Guindy, Chennai-600 032. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in G.O.Ms.No.43, dated 02.02.2011 and quash the same as arbitrary and illegal and consequently, direct the respondents to acquire any portion of the petitioner's lands situated at R.S.No.512, at Door No.6, G.S.T.Road, St.Thomas Mount, Chennai-600 016, for the purpose of the Chennai Metro Rail Project only after paying appropriate compensation either through negotiation and transfer after paying market value or by resort to acquisition proceedings in accordance with law upon payment of compensation. For Petitioner : Mr.Satish Parasaran https://hcservices.ecourts.gov.in/hcservices/ For Respondents : Mr.P.S.Raman Advocate General for Mr.K.Balasubramanian Special Government Pleader for R.1 to R.6 & R.8 to R.11 Mr.P.S.Raman Advocate General for Mr.V.Ramajagadeesan for R.7 Mr.S.Sathish Kumar for R.12 O R D E R Heard, Mr.Satish Parasaran, the learned counsel for the petitioner; Mr.P.S.Raman, the learned Advocate General for Mr.K.Balasubramanian, the learned Special Government Pleader appearing for respondents 1 to 6 & 8 to 11; Mr.P.S.Raman, the learned Advocate General for Mr.V.Ramajagadeesan, the learned counsel for seventh respondent; and Mr.S.Sathish Kumar, the learned counsel for twelfth respondent. By consent, the Writ Petition itself is taken up for final disposal. 2. The Writ Petition is filed challenging the impugned order of the Government in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, in which, in order to implement the Chennai Metro Rail Project, administrative approval has been granted for transfer of 2477.5 sq.m. of vacant Government poramboke land occupied by Hindustan Motors - GMMCO, situated in Survey No.512, Alandur Village & Taluk, Kancheepuram District, on permanent basis and permitted the Chennai Metro Rail Limited to enter upon the land to proceed with the project. 3. It is stated that the petitioner-Company has established the ownership, which has been recognised by the Government. However, by the impugned Government Order, dated 02.02.2011, the High Power Committee constituted by the Chennai Metro Rail Limited, has recommended to the Government that the subject lands are Government lands, therefore, could be transferred to the Chennai Metro Rail Limited. According to the petitioner-Company, the same has been done unilaterally without even verifying the correct factual aspects. 4. According to the petitioner-Company, it is involved in the manufacturing activities, including, automobiles and components etc. It is for the purpose of easing out the traffic volumes, the Chennai Metro Rail Project was constituted on 03.12.2007, through the Chennai Metro Rail limited, for the purpose of creating https://hcservices.ecourts.gov.in/hcservices/ corridors between Washermenpet to Airport and Chennai Central Station to St. Thomas Mount. There was a negotiation effected by the Chennai Metro Rail Limited with the owners and documents were also produced by the petitioner, since, the properties in occupation of the petitioner to the extent of 50.157 grounds was also targeted for the purpose of the scheme. In addition to the above said 50.157 grounds, the petitioner has also subsequently acquired 16.99 grounds, thus, making the total extent as 3 acres and 31,051 sq. Feet. 5. The petitioner is willing to negotiate and transfer the required lands in favour of Chennai Metro Rail Limited on payment of the market value as compensation. The petitioner has submitted an application on 31.12.2008 for transfer of patta in respect of the properties. According to the petitioner, the market value of the total extent of 2477.5 sq.m. will be around Rs.10 Crores, for which, various documents have been produced. It appears that for fixation of price in respect of the above said properties, on negotiation, as compensation to be paid, the Tahsildar, after conducting an enquiry has issued a detailed report on 19.11.2010 to the effect that the property stands in the name of M/s.Hindustan Motors Limited, as per the Village records. 6. The grievance of the petitioner is that inspite of the said negotiation being going on and the fact that the petitioner -Company is in fact willing to hand over the land for the Project on payment of compensation, the impugned order came to be passed hastily, without even resorting to the payment of compensation. 7. Now, it is stated that the compensation as on date has been fixed for the said lands belonging to the petitioner- Company at Rs.8,28,40,000/-. The petitioner is prepared to give an undertaking to receive the said amount, without prejudice to file necessary application for enhancement of compensation amount and also to hand over possession so as to enable the Chennai Metro Rail Project to go ahead. In such view of the matter, on the basis that the impugned Government Order has been passed, during the time when the negotiation was going on and without fixing the compensation and without due opportunity, I am of the view that the impugned Government Order dated 02.02.2011 has to be set aside and the matter must be remanded back to the State of Tamil Nadu for a fresh consideration. 8. Accordingly, this Writ Petition stands allowed and the impugned Government Order in G.O.Ms.No.43, Planning, Development and Special Initiatives (S1) Department, dated 02.02.2011, stands set aside. The State of Tamil Nadu is directed to reconsider the case. In the mean time, the petitioner shall be permitted to receive https://hcservices.ecourts.gov.in/hcservices/ the compensation amount fixed at Rs.8,28,40,000/- (Rupees Eight Crores, Twenty Eight Lakhs and Forty Thousand only), which shall be without prejudice to the petitioner's right of filing necessary application for the purpose of enhancement of compensation amount and subject to condition that the petitioner on receipt of the said compensation amount shall hand over the possession of the land, so as to enable the Chennai Metro Rail Project to go ahead. Consequently, connected M.P.Nos. 1 to 3 of 2011 are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar Paa To 1.The Chief Secretary, Government of Tamil Nadu Fort St. George Chennai-600 009. 2.Secretary to the Government Planning, Development and Special Initiatives Department Government of Tamil Nadu Fort St. George Chennai-600 009. 3.The Principal Secretary Revenue Department Government of Tamil Nadu Fort St. George Chennai-600 009. 4.The Principal Secretary and Commissioner Land Administration Ezhilagam, Chepauk Chennai-600 005. 5.The District Collector Kanchipuram District Kanchipuram-631 501. https://hcservices.ecourts.gov.in/hcservices/ 6.The District Revenue Officer Kancheepuram District Kancheepuram-631 501. 7.Chennai Metro Rail Limited Rep. by its Managing Director No.11/6 Seethammal Road Alwarpet, Chennai-600 018. 8.The Tahsildar Alandur Taluk @ Naganallur Kancheepuram District Chennai-600 065. 9.The Executive Officer St.Thomas Mount Cantonment Board St.Thomas Mount Chennai-600 016. 10.The High Power Committee Government of Tamil Nadu Fort St. George Chennai-600 009. 11.Revenue Divisional Officer Tambaram Division Kancheepuram District Chennai-600 045. 12.Hindustan Motors Limited 1st Floor, R.R.Towers IV A-16/17, T.V.K.Industrial Estate Guindy, Chennai-600 032. +1cc to M/s. V.Ramajegadeesan, Advocate Sr 28323 +1cc to Govt. Pleader Sr 28859 UG(CO) km/3.5. W.P.No.3277 of 2011 https://hcservices.ecourts.gov.in/hcservices/