In the High Court of Judicature at Madras Dated: 19-12-2008 Coram: The Honourable Mr.Justice M.JAICHANDREN W.P.No.38859 of 2003 1.M.Palaniswamy 2.M.Thandrayan 3.Valliammal 4.Theivanai 5.Shenbagam 6.Chellammal 7.Lakshmi .. Petitioners. Versus 1.The State of Tamilnadu, Rep. By the Commissioner and Secretary to Government, Revenue Department, Fort St. George, Chennai-9. 2.The Collector, Salem District. 3.The Revenue Divisional Officer, Mettur, Salem District. 4.The Special Tahsildar (LA), Office of the Tahsildar, Omalur Taluk, Salem District. 5.The Commissioner and Secretary to Government, Small Scale Industries Department, Fort St. George, Chennai-9. 6.The Chairman and Managing Director, SIDCO, SIDCO Complex, Kathipara Junction, Paulwels Road, Chennai-600 016. 7.The Branch Manager, SIDCO, Five Roads, Salem 636 004. .. Respondents. Prayer: Petition filed seeking for a writ of writ of Certiorarified Mandamus calling for all the connected records pertaining to the passing of the Government Order No.37, dated 19.7.2002, Small Scale Industries Department, on the file of the 5th respondent and quash the same, consequently direct the respondents to invoke Section 48(b) of the Land Acquisition Act and transfer the land measuring an extent of 6.20 acres comprised in S.No.71 part of Karuppur Village Omalur Taluk, Salem District, in favour of the petitioners, on repayment of the compensation amount received from the Government and award cost in the writ petition. For Petitioners : No Appearance For Respondents : Mrs.D.Geetha Additional Government Pleader (R1-R5) Mr.V.P.Sengottuvel (R6 & R7) O R D E R
There is no appearance on behalf of the petitioners. Heard the learned counsels appearing for the respondents.
2. It has been stated that in the year 1965 the land in S.No.71 in Karuppur Village, Omalur Taluk, Salem District, having an extent to 6.20 had been acquired by the Government of Tamilnadu for the construction of buildings for the Government Engineering College, Salem, along with some other lands. A total extent of nearly 500 acres of land had been acquired by the Government. As per the notification issued by the Government, under Section 4(1) of the Land Acquisition Act, 1894, the purpose for acquiring the land in question was for the establishment of a Government Engineering College at Salem. Accordingly, a Government Engineering College had been established in the acquired land. While so, in the year 1997, a portion of the land measuring an extent of 145 acres had been allotted to Periyar University, Salem. Periyar University did not utilise the entire extent of 145 acres allotted to it. It had retained only an extent of about 95 acres and surrendered the remaining extent to the Government. The petitioners had stated that the land surrendered to the Government had included the land, which had belonged to the petitioners and their family members.
3. After the surrender of the excess lands by Periyar University, Salem, the Government had passed the Government Order No.37, Small Scale Industries (SIC) Department, dated 19.7.2002, allotting the land to SIDCO for the purpose of establishing an industrial estate and for the sale of the developed plots to individual women entrepreneurs, without issuing a fresh notification, under Section 4(1) of the Land Acquisition Act, 1894. The land surrendered by Periyar University, Salem, is not being used for any public purpose. Even if the Government had wanted to use the land for public purposes, it was mandatory on its part to denotify the same and to call for objections, as per the provisions of the Land Acquisition Act, 1894. Therefore, the Government Order No.37, Small Scale Industries (SIC) Department, dated 19.7.2002, is liable to be set aside.
4. While so, some of the petitioners had made representations to the respondents, claiming resumption of the land, which had belonged to them, on repayment of the compensation amount received by them from the Government, under Section 48(b) of the Land Acquisition Act, 1894. Since there was no positive response from the Government, the petitioners have been constrained to prefer the present writ petition before this Court, under Article 226 of the Constitution of India.
5. In the counter affidavit filed on behalf of the Tamil Nadu Small Industries Development Corporation (SIDCO), it has been stated that the said Corporation has been incorporated during the year 1971, as a public limited company, to promote small industries in the State of Tamilnadu. During the year 1974, the administrative control of all Government Industrial Estates were transferred to SIDCO, from the Director of Industries and Commerce. Thereafter, SIDCO had started construction of work sheds and had also identified lands in the various Districts of Tamilnadu to develop them into SIDCO Industrial Estates.
6. It has been further stated that an extent of 400 acres at Karuppur and Anaigoundampatty villages and certain other villages in Omalur Taluk, Salem District, were acquired for the formation of a Government Engineering College, during the years 1964 and 1965. Out of the acquired lands, 145.50 acres were transferred to Periyar University, Salem, vide G.O.Ms.No.173, Revenue, dated 6.4.99, for the establishment of the University.
7. Pursuant to the address of the Governor of Tamilnadu, made during the Budget Session of the Tamilnadu Assembly, on 25.2.2001, the Chairman and Managing Director, SIDCO, Chennai, had requested the District Collector, Salem, to identify a suitable land for the establishment of an Industrial Park for women. Therefore, an extent of 51.70, acres belonging to Periyar University, in Karuppur and Anaigoundampatty Villages of Omalur Taluk, Salem District, had been identified and a proposal was sent to the Secretary to Government, Small Industries Department, Chennai, vide Rc.No.40650/2001 E5 of the District Collector, Salem, dated 4.4.2002, to issue an order to SIDCO to enter upon the land for the formation of an Industrial Estate for Women. Based on the recommendation made by the District Collector, Salem, the Government had issued an order permitting SIDCO to establish an Industrial Estate for women entrepreneurs, vide G.O.Ms.No.37, Small Scale Industries (SIC) Department, dated 19.7.2002. Thereafter, an amount of Rs.3.60 Crores had been estimated for the formation of the women entrepreneurs Industrial Estate at Karuppur. Infrastructural Development Works had also been carried out at the cost of Rs.173.63 lakhs. After the development works had been completed allotment orders had been issued to the needy women entrepreneurs.
8. It has been further stated that some of the erstwhile owners of the lands acquired by the Government had filed writ petitions before this Court. The said writ petitions had been disposed of with the direction to the Government of Tamilnadu to consider their representations, with regard to their requests for resumption of the lands, under Section 48(b) of the Land Acquisition Act, 1894. After the Government had transferred an extent of 145.50 acres of land to Periyar University, Salem, vide G.O.Ms.No.173, Revenue, dated 6.4.99, the said University had not paid the land cost and had also not utilised the entire area allotted to it. In such circumstances, the District Collector, Salem, had recommended a portion of the lands, measuring an extent of 51.70 acres, to be given to SIDCO for the formation of an Industrial Estate for Women. Since the establishment of an Industrial Estate for women entrepreneurs is also a public purpose, it would be appropriate and proper for the Government to allot the acquired lands, as per G.O.Ms.No.88, Revenue, dated 27.1.87. Therefore, an extent of about 51.70 acres of land at Karuppur and Anaigoundampatty Villages, Omalur Taluk, Salem District, had been ordered to be given to SIDCO for the formation of Women Entrepreneurs Industrial Estate, vide G.O.Ms.No.37, Small Industries (SIC) Department, dated 19.7.2002. After the said allotment, a total of 156 plots had been developed, out of which 123 plots had been allotted to various women entrepreneurs and they had established various industrial undertakings therein.
9. It has also been stated that, as per Section 3(f)(iv) of the Land Acquisition Act, 1894 (Central Act 1 of 1894), `public purpose’ includes the provision of land for a Corporation owned or controlled by the State. Since SIDCO is a Corporation controlled by the State, the provision of land by the Government to SIDCO is in accordance with law. The Government in G.O.Ms.No.88, Revenue, dated 27.1.87, has prescribed certain procedures to be followed when there is a change in utilising the acquired lands for `public purpose’, at various stages of the land acquisition proceedings. Accordingly, the Government of Tamilnadu had issued G.O.Ms.No.37, Small Scale Industries (SIC) Department, dated 19.7.2002, to permit SIDCO to enter upon the land in question for the formation of Women Entrepreneurs Industrial Estate. Section 48(b) of the Land Acquisition Act, 1894, would be applicable only in cases where the land vested in the Government is not required for the purpose for which it was acquired or for any other public purpose. In such cases, the Government may transfer the acquired land to its original owner on repayment of the compensation received by him. In the present case, the petitioners cannot invoke Section 48(b) of the Land Acquisition Act, 1894, as the acquired lands have been utilised only for a public purpose of establishing an Industrial Estate for Women entrepreneurs. Further, the lands in question had been acquired during the year 1965 and the petitioners could have no locus standi to claim resumption of the lands after a lapse of more than 40 years. The women entrepreneurs who have been allotted plots in the industrial estate have established their industrial undertakings. In such circumstances, the reliefs prayed for by the writ petitioners are unsustainable and devoid of merits.
10. In view of the averments made on behalf of the petitioners, as well for the respondents and on a perusal of the records available, this Court is of the considered view that the petitioners have not shown sufficient cause or reason for this Court to grant the reliefs, as prayed for by the petitioners.
11. It is seen from the records that a portion of the lands which were acquired under the provisions of the Land Acquisition Act, 1894, for the purpose of establishing a Government Engineering College in Salem District had been allotted to Periyar University, Salem. Since the said University had not utililsed the entire extent of lands allotted to it some of the lands had been allotted to Tamilnadu Small Industries Development Corporation for establishment of an Industrial Estate for Women entrepreneurs. After the establishment of the industrial estate various plots had been allotted to women entrepreneurs for establishing their industrial undertakings. While so, the petitioners had filed the above writ petition praying for resumption of their lands, under Section 48(b) of the Land Acquisition Act, 1894.
12. The petitioners have stated that the lands acquired from them by the Government had not been used for the public purpose for which it was originally acquired. Therefore, the lands which were acquired from the petitioners and not utilised for the public purpose, for which they have been acquired, are to be resumed back to them on their repayment of the compensation received by them. The petitioners have made their claim, under Section 48(b) of the Land Acquisition Act, 1894, after more than 40 years from the time of the acquisition. Further, it is clear that the acquired lands have been utilised for the public purpose of establishing an Industrial Estate for women entrepreneurs. In such circumstances, this Court is not inclined to grant the reliefs, as prayed for by the petitioners. Hence, the writ petition stands dismissed. No costs.
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To
1. The Secretary to Government,
The Commissioner and
Revenue Department,
State of Tamilnadu,
Fort St. George, Chennai-9.
2.The Collector,
Salem District.
3.The Revenue Divisional Officer,
Mettur, Salem District.
4.The Special Tahsildar (LA),
Office of the Tahsildar,
Omalur Taluk, Salem District.
5. The Commissioner and Secretary
to Government, Small Scale Industries
Department, Fort St. George,
Chennai-9.
6.The Chairman and Managing Director,
SIDCO, SIDCO Complex,
Kathipara Junction, Paulwels Road,
Chennai-600 016.
7.The Branch Manager,
SIDCO, Five Roads,
Salem 636 004