Chennai: The Madras high court has ordered notice to the authorities on a petition filed by N.Devarajan, brother of DMK leader Arcot N.Veeraswami and his family members, which challenged the land acquisition proceedings initiated by the authorities.
Declining to grant interim injunction, Justice V.Bharathidasan in his interim order said, “In view of the judgments rendered by the division bench and the Supreme Court in the matter, this court is of the considered view that the petitioners cannot seek for any order of injunction against the authorities from interfering with their possession and this court also finds no prima facie case is in favour of the petitioners. Coming to the main petition, the issues as to whether the land acquisition proceedings initiated under the provisions of Madras Town Planning Act, 1920 as early as in the year 1953 would come under the purview of the Central Act 30 of 2013 and whether the petitioners are entitled for any relief under section 24 (2) of the Act could be decided only after hearing the official respondents. Therefore, the Registry is directed to issue notice to the authorities, who are the respondents in the petition, returnable by October 8”.
According to petitioners, they purchased a property measuring 41,764 sq.ft in Anna Nagar, where they were running a school, from United Breweries Limited, Bangalore in the year 1995-1996.
At the time of purchase of the property for a sale consideration of Rs 27 lakh, they did not find any trace of acquisition proceedings over the property. All the revenue records together with assessment and other title deeds were in favour of United Breweries Limited proved the title and continuous possession of United Breweries Limited, which sold the property to them.
The state government had in exercise of its power conferred under section 14 (3) of the Madras Town Planning Act, 1920 issued notification in the year 1950 and the property was acquired for the scheme and an award was also passed in 1953. While so, the Chennai district collector had on May 28, 2001 issued a show cause notice to them calling for explanation as to why the patta granted in their favour should not be cancelled. Aggrieved, they filed litigations and the matter went up to the Supreme Court, which directed them to hand over the possession after one year as they were running a school, they added.
Contending that the compensation awarded was not received by them or the vendors of the property and till date the possession of the property was with them, they filed the present petition.
