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Padmavani Educational & Charitable Trust, Rep.by its Joint Managing Trustee, Salem v/s The Government of Tamil Nadu, Rep.its Secretary, Housing & Urban Development Department, Chennai & Another


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- URBAN DEVELOPMENT TRUST PRIVATE LIMITED [Active] CIN = U65929MH1989PTC051845

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- L. S. EDUCATIONAL PRIVATE LIMITED [Active] CIN = U80221WB2010PTC142822

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- EDUCATIONAL TRUSTEE CO PRIVATE LIMITED [Active] CIN = U90009TN1958PTC003669

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- DEVELOPMENT TRUST PRIVATE LIMITED [Active] CIN = U45101UP1942PTC001109

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- K SALEM LIMITED [Dissolved] CIN = U99999MH1947PTC005530

    Writ Petition No. 26406 of 2012 & MP No. 1 of 2012

    Decided On, 01 June 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM

    For the Petitioner: Kandhan Duraisami, Advocate. For the Respondents: R1, M. Elumalai, GA, R2, I. Sathish, Advocate.



Judgment Text


(Prayer: PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the respondents pertaining to the order of the 1st respondent in Letter No. 23455/LA4(2)/07-1 dated 05.8.2008, quash the same and consequently direct the 1st respondent herein to forthwith take appropriate decision on the representation of the petitioner dated 13.10.2011 on the basis of the recommendations submitted by the High Level Committee dated 29.10.2008.)

1. I have heard Mr.Kandhan Duraisami, learned counsel for the petitioner, Mr.M.Elumalai, learned Government Advocate appearing for the first respondent and Mr.I.Sathish, learned counsel appearing for the second respondent.

2. The petitioner has impugned the letter dated 05.8.2008, by which, the request made by the petitioner, which is a educational charitable trust for re-conveyance of an extent of 1.66.5 hectares in S.F.No.69/2A, Kotta Goundampatti Village, Omalur Taluk, was rejected by the first respondent.

3. Among other things, it has been stated in the impugned order that the petitioner trust purchased an extent of 2.05 acres of land in S.F.No.69/2A on 09.10.2003 from the erstwhile land owner one Mr.P.S.Venugopal by a registered sale deed dated 25.11.2004, which was after an award passed in the land acquisition proceedings and that the petitioner, being a subsequent purchase, was not entitled for any relief under Section 48B of the Land Acquisition Act, 1894 as amended by the Amendment Act, 1996.

4. The case of the petitioner is that the purpose, for which, the petitioner trust sought for re-conveyance of the land is to establish an educational institution and more particularly a college for women. The request made by the petitioner trust was placed before the High Level Committee constituted by the Government to consider such a request for re-conveyance/release of the lands from the rigour of the land acquisition proceedings.

5. The learned counsel for the petitioner has invited the attention of this Court to the draft recommendations made by the High Level Committee on the request made by the petitioner for release of the lands in S.F.No.69/2A, Kotta Goundampatti Village, Omalur Taluk, in which, the Committee opined that the petitioner requires the land for expansion of a college for women and that the District Collector, Salem had also recommended that there was no college for women in a radius of 15 Km and that if the lands are given to the petitioner trust, it would help them to provide education and uplift the poor women students in the area by introducing more courses in the institution.

6. The Committee further opined that due weightage should be given to the recommendations of the District Collector, Salem that the lands are required for educational purpose and more particularly for women empowerment. The High Level Committee was conscious of the fact that the request made by the petitioner would not come under Section 48B of the said Act. Yet the Committee opined that the request made by the petitioner seemed to be a bone fine request as the lands are required for educational purposes. Therefore, the High Level Committee recommended that the lands may be released on calculation of either the guideline value or the market value without any loss to the Housing Board.

7. The contention of the petitioner is that the Government, while passing the impugned order, did not take note of the vital recommendations made by the High Level Committee.

8. In the counter affidavit filed by the first respondent, which has been relied upon by the learned Government Advocate, the proceedings initiated under the said Act had been set out in elaborate manner and it has been stated that the award had been passed after complying with all the formalities, that patta had been transferred in the name of the Housing Board, that the layout had been formed, that the Local Planning Authority also approved the formation of the road, etc., and that the Tamil Nadu Housing Board invested huge amount towards preliminary work such as name board, fencing, etc. It has also been stated that the petitioner was not entitled to re-conveyance under Section 48B of the Act and that the lands were essentially required for a comprehensive housing scheme.

9. It appears that these contentions were heard by a learned Single Judge of this Court on an earlier occasion, which prompted the Court to issue an interim direction on 02.4.2013 by giving liberty to the petitioner to make a representation to the first respondent in the light of the recommendations of the High Level Committee. It was further observed that till then, the writ petition could be kept pending.

10. This Court has been informed by the learned counsel for the petitioner that in due obedience of the said observation/liberty granted, the petitioner submitted a representation to the first respondent on 17.4.2013 and that the same is still pending. Considering the above facts, this Court is of the view that no useful purpose will be served in keeping the writ petition pending especially when the petitioner made a fresh representation on 17.4.2013 seeking release of the lands.

11. The first respondent would be right in contending that the petitioner may not be entitled to the benefit under Section 48B of the Act. In fact, the High Level Committee, which recommended the petitioner’s case, was also of the same view, which is the correct legal position. Nevertheless, the High Level Committee thought it fit to give recommendations because the petitioner sought for release of the lands for the purpose of expansion of an educational institution and exclusively for imparting education to women in the locality. Therefore, the High Level Committee thought fit to recommend to the Government to release the lands from the acquisition proceedings by collecting the market value or the guideline value, thereby not causing any loss to the Housing Board.

12. Considering all these factors, this Court is of the view that the first respondent should take a decision on the representation of the petitioner dated 17.4.2013 and while doing so, the first respondent should bear in mind the recommendations made by the High Level Committee. This Court is conscious of the fact that the recommendations made by the High Level Committee may not be binding on the Government. Yet it can have a persuasive effect to decide as to the bona fides of the petitioner’s claim qua the requirement of the lands for educational purposes.
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br />13. In the light of the above, without setting aside the impugned order, the writ petition is disposed by directing the first respondent to consider the petitioner’s representation dated 17.4.2013 as expeditiously as possible and preferably on or before 30.9.2020. In order to facilitate the Government to take a decision, the petitioner is directed to submit a fresh representation enclosing a copy of the earlier representations, a copy of this order as well as a copy of the recommendations made by the High Level Committee and all other relevant details as annexures to the representation. On receipt of the same, the first respondent shall take a decision in accordance with law. No costs. Consequently, the connected MP is closed.
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