Full Judgment Text
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CASE NO.:
Appeal (civil) 1751-1752 of 1990
PETITIONER:
JAINULABUDEEN AND ORS,
RESPONDENT:
GOVT. OF TAMIL NADU AND ORS.
DATE OF JUDGMENT: 04/05/1994
BENCH:
K. RAMASWAMY & N. VENKATACHALA
JUDGMENT:
JUDGMENT
1994(3) SCR 899
The following Order of the Court was delivered :
We need not dilate upon the previous history of this case. Suffice to state
that on April 6,1994 when the appeals had come up for hearing, this Court
directed the respondents to produce the record and also a responsible
officer to file an affidavit whether the disputed land is still needed for
a public purpose being a suitable one or there is no other better land
available to establish taluk office at Thiruvaiyaru. Pursuant thereto, an
affidavit had been filed by one G.V. Suresh, R.D.O., Thanjavur, Tamil Nadu
in which it is stated that the Government had proposed to open a sub-
treasury at Thiruvaiyaru. In view of the fact that Sub-Taluk was elevated
to the status of regular Taluk they needed larger buildings, there being
congestion in the existing building and the Commissioner for Land Revenue
along with the District Collector and other officers, when inspected
different lands and identified the present lands as suitable for Taluk
office and sub-treasury office. Accordingly the proceedings for
acquisition, it is stated, were initiated.
In the record produced, a plan is available. From that plan it would appear
that the existing Taluk Office is situated on the west of the main road and
to the east of the main road, apart from the built-up-town, there are large
open areas available for acquisition. The land in question admit-tedly, is
situated at a place far away from the place where Taluk Office is found and
is in a deviation road leading to Kumbhakonam. It is also stated by the
appellants that to the north of this area an extent of 18 acres of land is
still available for acquisition.
From the report of the Commissioner for Land Revenue, it becomes clear that
initially a proposal was made to acquire 20 acres of land as a compact
block to establish Raja’s College of Music with all attended facilities and
5 acres of land for establishing taluk office, sub-treasury office, sub-
jail etc. It would appear that the lands needed for the construction of the
music college are no longer needed. It becomes also clear that in the
present land there is a well developed coconut tope, paddy and sugarcane
fields. They are situated at lower level than the road by 2 to 3 feet. We
do not propose to go into the controversy whether the proceedings to
acquire land for Music college were pursued or dropped as being unnecessary
for the purpose of this case.
The Commissioner appears to have been persuaded with the idea of the
Collector to acquire the entire land for putting up a compact block and
their extensions of Raja College of Music with attached facilities etc. In
view of the fact that major part of the proposal appears to have not been
pursued, the proposal to have a compact block on longer subsists. Con-
sidered from this perspective and in view of the fact that on the main road
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there are other agricultural open lands available for acquisition either to
the north or to the south of the taluk office abutting the main road, we
find that there would be no justification for proceeding with the
acquisition of the lands in question. The Notification issued and published
on 23rd July, 1981 is accordingly quashed, as regards the lands in
question. It is needless to mention that it is open to the authorities to
acquire any other lands suited for the purpose of establishing the regular
taluk office and other offices. The appeals are allowed.
In the circumstances, the parties are directed to bear their own cost,