The Madras High Court Bench here has put an end to a 43-year-old dispute between Tamil Nadu Housing Board (TNHB) and a few private individuals with respect to ownership of 1.77 acres of land at Thathaneri near here, and directed Madurai North Tahsildar to issue ‘Patta’ to the individuals after holding a formal enquiry to identify the legal heirs of the landowners.
Allowing two writ petitions, one with respect to 1.33 acres of land and another for 40 cents, Justice S.S. Sundar held that mutation of revenue records in favour of the TNHB, even before completion of the land acquisition proceedings initiated by the Board way back in 1973, was illegal and hence the legal heirs of original owners of the properties were entitled to exercise their right of ownership.
The judge pointed out that the TNHB had issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on January 30, 1973, and decided to acquire the lands for Madurai North Neighbourhood Land Development Scheme.
It was followed by a declaration made under Section 6 of the Act on April 11, 1974.
The landowner challenged the notification in 1982 and the declaration in 1994.
Allowing their cases, the Madras High Court quashed the land acquisition proceedings. In the meantime, the revenue records with respect to the lands in question were mutated in favour of the TNHB.
Hence, the legal heirs of the land owner made representations to the revenue authorities to correct the records and issue patta to them. The request was not heeded, forcing them to file the present petitions.
Contesting the present case, the TNHB argued that it was still interested in acquiring the lands and hence the revenue records need not be mutated again. Rejecting the argument, the judge said:
“This cannot be a valid objection to restore the revenue records pertaining to the land in favour of the petitioners. Since the land acquisition was never completed, the mutation of records in favour of the TNHB itself is illegal.”
