After lingering legal battle, Tamil Nadu to get Vadapalani land worth crores

Chennai: After nearly 35 years of legal battle, the Tamil Nadu government is all set to get land measuring 11 grounds in Vadapalani adjacent to Liberty theatre (in Puliyur village), worth several crores, which was acquired in 1984 for a neighbourhood scheme of the Tamil Nadu Housing Board. The Madras High Court has dismissed the appeals against the acquisition.

A division bench comprising Justices R. Subbiah and R. Pongiappan dismissed the appeals filed by Ms Jothilakshmi and three others, challenging an order of a single judge, dismissing their petitions against the award declared by the state government in 1984 for the lands acquired for its project.

According to the appellants, they were the legal heirs of one Kalyana Sundara Pathar, who they said was the original owner of the land, and were in possession of the property. The land was sought to be acquired by the government for the purpose of forming a neighbourhood scheme. A notification under Section 4 (1) of the Land Acquisition Act was issued by the government on July 24, 1984, and a declaration under Section 6 of the Act was issued by the government on April 9, 1986, and in the locality on April 15, 1986.

According to Section 11-A, the award had to be passed within two years from the date of publication of declaration under Section 6 of the Act - in this case, within two years from April 15, 1986. The award was passed on June 8, 2010, but, there were several proceedings in respect of the properties.

Even if the period of interim stay granted in all those proceedings had to be excluded, the award ought to have been passed on or before March 19, 2010. But it was passed only on June 8, 2010. Hence, the award had to be quashed, they added.

Special government pleader C. Thirumaran appearing for the state government submitted that the award was passed in time, even after exclusion of the stay period. Citing several rounds of litigation, wherein stay was granted for a longer period from 1986, Mr Thirumaran submitted that the stay was there up to July 27, 2009, and therefore, one year, three months and 23 days had to be excluded from July 27, 2009 and the time limit to pass an award was available up to November 20, 2010. Since the award was passed prior to November 20, 2010 i.e., on June 8, 2010, the award was within the period of limitation as per Section 11-A of the Act, he added.

Concurring with his submission, the bench said if the time during which the stay order was in operation all the petitions was taken into consideration, the government had got one year three months and 23 days from July 27, 2009. The award was passed on June 8, 2010, which was well within time. If the interim stay granted in an appeal filed in 1999 was taken into consideration, as contended by Mr Thirumaran, there was time available up to November 20, 2010, whereas in this case, the award was passed on June 8, 2010.