Case: V.Chandrasekaran  Vs. Administrative Officer

A. A Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as `thewas issued on 15.5.1978 with respect to land measuring 58.59 acres, in the revenue estate of Tambaram Village, Saidapet Taluk, Chengalpet District, Tamil Nadu, including the suit land measuring 2.26 acres in Survey Nos. 283/1 (extent of 27 cents), 284/1 (extent of 70 cents), 284/2 (extent of 65 cents) and 284/3 (extent of 64 cents). As the provisions of the Urgency Clause under Section 17 of the Act were not invoked, the persons interested were at liberty to file objections under Section 5-A of the Act. A declaration under Section 6 of the Act with respect to the said land was issued on 6.6.1981. Very few among the persons interested, challenged the land acquisition proceedings by way of filing 8 writ petitions, including Writ Petition Nos. 8897 and 8899 of 1983 etc. which were filed by some of the original tenure-holders of the suit land on several grounds. However, the said petitioners did not challenge the acquisition proceedings so far as the suit land is concerned, rather they chose to restrict their cases to the other parts of their lands. The batch of said writ petitions was allowed by way of a common judgment and order, dated 16.12.1983, quashing the declaration issued under Section 6 of the Act on the ground that the inquiry was not conducted fairly, and that the objections raised by the said writ petitioners under Section 5-A, were also not dealt with properly. However, the learned Single Judge upheld the Notification issued under Section 4 of the Act and hence, granted liberty to the Government of Tamil Nadu to continue with the said acquisition proceedings, in accordance with law.B. Being aggrieved by this, the writ petitioners including the predecessors-in-interest of the appellants, preferred Writ Appeal Nos. 214 to 225 and 435 of 1984, before the Division Bench of the High Court, against the judgment and order dated 16.12.1983, praying for quashing of the Notification issued under Section 4 of the Act, as well. The Government did not challenge the judgment and order dated 16.12.1983. The said writ appeals were allowed vide judgment and order dated 23.8.1985, and the said notification under Section 4(1) of the Act, only in respect of the land, which constituted the subject matter of the aforementioned appeals, was quashed. Against the judgment and order dated 23.8.1985, the Government of Tamil Nadu preferred a Special Leave Petition before this Court, which was dismissed vide order dated 6.5.1992. Thus, those orders attained finality.C. In the meantime, an Award was passed with respect to the said land, including the suit land, on 28.6.1983, to the extent of 4.26 acres i.e. Survey Nos. 283/1, 284/1 and 284/3.D. A second batch of writ petitions was filed before the High Court challenging the acquisition proceedings, as well as the Award. All the said writ petitions were allowed, following the earlier judgments dated 16.12.1983 and 23.8.1985 vide judgment and order dated 22.12.1986.E. A second award was made on 14.8.1986, in relation to the remaining part of said land, including a part of the suit land, i.e. Survey No. 284/2.F. So far as the suit land is concerned, the persons-interested/tenure holders never filed any objection under Section 5-A of the Act, and nor have they challenged the acquisition proceedings, at any stage. Instead, they accepted the compensation amount under protest. Possession of the suit land was taken over by the authority subsequently. There is nothing on record to show whether the claimants had filed any application for making a reference under Section 18 of the Act.G. The tenure-holders/persons-interested in the suit land, after receiving compensation, and handing over the possession to the respondents authorities with respect to the suit land, transferred the said land to some persons, and ultimately, after undergoing multiple sales, the suit land was purchased by the appellants herein, vide sale-deeds dated 4.3.2004, 10.11.2004, 7.7.2005 and 11.8.2005. As a result thereof, they claim to have acquired possession of the said suit land. The appellants planned to construct flats upon the said land, for the purpose of which, they had also obtained permission from the Chennai Metropolitan Development Authority on 16.3.2007. Applications were filed by the original tenure-holders for reconveyance of the suit land which stood as rejected vide order dated 7.7.2008.H. Being aggrieved, the appellants filed Writ Petition No. 6108 of 2009 for the quashing of the Notification dated 15.5.1978, issued under Section 4 of the Act, pertaining to the land that comprised 9 Survey Numbers, including the suit land contending that the declaration under Section 6 had been quashed in toto and no fresh declaration was subsequently issued. The proceedings therefore, automatically lapsed as there could be no Award without a fresh declaration, and therefore, all subsequent proceedings would be void ab-initio. Another Writ Petition No. 20896 of 2009, was also filed seeking totally inconsistent/contrary reliefs i.e. praying for the quashing of the letter dated 7.7.2005, as also for the issuance of directions to re-convey the suit land in favour of the appellants.I. A learned Single Judge, vide judgment and order dated 1.11.2010 allowed both Writ Petitions, observing that as the Section 6 declaration had been quashed in toto and no fresh declaration was issued thereafter, the land acquisition proceedings had lapsed and the suit land was hence, free from any and all acquisition proceedings.J. Being aggrieved, the Tamil Nadu Housing Board (hereinafter referred to as `the– the respondents, then filed writ appeals which have been allowed vide impugned judgment and order dated 24.1.2012, reversing the judgment and order of the learned Single Judge.Hence, these appeals.

Reasoning:
30. In the instant case, the tenure holders/person-interested neither filed objections under Section 5-A of the Act, nor have they challenged the land acquisition proceedings, so far as the suit land is concerned, instead they chose to withdraw the compensation awarded in 1983 and 1986; after the expiry of about three decades and hence, they cannot be permitted to challenge the acquisition proceedings on any ground whatsoever. The appellants cannot claim title/relief better than what the original vendors were entitled to.31. In fact, the appellants have claimed reliefs in the writ petitions with respect to not just the suit land but also in relation to the land which was the subject matter of an earlier litigation by their predecessors-in-interest. We fail to understand for what purpose the relief of quashing the acquisition proceedings has been sought when, in respect of the said land, the proceedings already stood quashed.Section 16-A has been added to the Act by the State Amendment Act, 1996, and the same imposes a complete restriction on the sale of acquired land by the tenure holder. In case the land is transferred in contravention of these provisions, the Government may, by way of an order, declare the transfer to be null and void, and on such declaration, the land shall, as penalty, be forfeited to, and vest in, the Revenue Department of the Government, free from all encumbrances. In view of the above, we are of the considered opinion that the sale deeds in favour of the appellants are void and unenforceable.41. In such a fact-situation, we fail to understand how the appellants came to possess the suit land which had been vested in the State ages ago, in the years 1983 and 1986. Such a course is not possible without the collusion of the officers of the State/Board.