Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1999 – Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 – Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 – s.3 – The land owner, mother of the respondents, was required to surrender the excess land of 6750 sq. mts. under the 1978 Act – A notice was served to her regarding the same u/s.9(4) of the 1978 Act – Thereafter, notifications were issued u/s.11(1) and s.11(3) of the 1978 Act and she was directed to surrender or deliver the vacant possession of the excess land – In compliance, she surrendered land vide letter dated 11.11.1980 and the compensation payable to her was determined and paid – The Government first allotted the said excess land of 6750 sq. mts. to the Madras Snake Park Trust, however, the said allotment was cancelled and the excess land was re-allotted to the forest department – In the meantime, the 1978 Act was repealed through the Tamil Nadu Urban Land (Ceiling and Regulation) Repeal Act, 1999 – The land owner died in 1998 – After five years of the said repeal, the respondents-owners filed writ petition before the High Court for declaration that the entire proceeding under the 1978 Act and process of allotment and re- allotment was void ab initio under the Repeal Act – The writ petition was allowed by the Single Judge of the High Court on the short ground that as per Inspection Reports of the competent authority and the Assistant Commissioner, the acquired land was lying vacant enclosed by a compound wall – The intra-Court appeal was dismissed by the Division Bench of the High Court – On appeal, held: Admittedly, by her own letter dated 11.11.1980, the land owner voluntarily surrendered and delivered possession – The respondents cannot go beyond the contents of the letter dated 11.11.1980 – The High Court did not look into the letter dated 11.11.1980 nor the records of the Department were examined – Both the Single Judge as well as the Division Bench proceeded on the premise that the land was lying vacant with a compound wall and that therefore, theclaim of the land owner to be in possession must be correct – The presumption was wrong – The existence of the compound wall enclosing the land that had already been sold by the land owner to the Trust, and it is admitted by the land owner herself in her letter dated 11.11.1980 – Therefore, the High Court committed a grave error in granting the benefit of s.3(2) of the Repeal Act to the respondents – Thus, the judgment of the Single Judge as well as the Division Bench are set |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2021 INSC 497 |
Petitioner | State Of Tamil Nadu & Ors. |
Respondent | M. S. Viswanathan & Ors. |
SCR | [2021] 7 S.C.R. 607 |
Judgement Date | 2021-09-20 |
Case Number | 5881 |
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