Judgment · High Court · 2007

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.07.2007CORAMTHE HONOURABLE MR. JUSTICE P. JYOTHIMANIWrit Petition Nos.8992, 10919, 10920 and 10921 of 2006and W.P.M.P.Nos.9957 of 2007, W.P.M.P.Nos.12374 to 12376 of 2006 Vada Chennai Anal Min NilayamAmaya Nilam Koduthur Sangamrepresented by its General SecretaryA.GovindasamyNo.31, V.O.C.NagarEnnore, Chennai 57. .. Petitioner in all the W.Ps Versus1.State of Tamil Nadurepresented by its Secretary to Government, Revenue DepartmentFort St.George, Chennai 9.

The ChairmanTamil Nadu Electricity BoardAnna Salai, Chennai 2.

The District CollectorTiruvallur District.

The Special Tahsildar(Land Acquisition)North Madras Thermal Power ProjectPonneri Taluk, Ponneri.

The Chief EngineerNorth Madras Thermal Power ProjectEnnore, Chennai.

The TahsildarPonneri, Tiruvallur District.. Respondents in all WPs Writ petitions filed under Article 226 of Constitutionof India praying for issue of a Writ of Mandamus, directing the respondents to comply with the permanent proceedings i.e.,Permanent B.P.(F.B) No.3 (Administrative Branch) dated25.01.1990 and to give employment to one male member to each of129 families of Ennore Village, 12 families of ChappakkamVillage, 39 families of Ennorekuppam, 25 families of Puzhuthivakkam Village, Tiruvallur District from whom the lands https://hcservices.ecourts.gov.in/hcservices/ were acquired for North Madras Thermal Power Project in the North Madras Thermal Power Project and in Tamil Nadu ElectricityBoard. For Petitioner : Mr.P.Raja For Respondents : Mr.M.R.Jothimanian Government Advocate (Writs) for R1, RR 3,4 and 6. Ms.Rajeswari for Mr.M.Vaithiyanathan(TNEB) for R2 and R5. ORDERAll these writ petitions have been filed by the Associationcalled 'Vadachennai Anumin Nialayam Amaiya Nilam KoduthoreSangam" represented by its General Secretary, which is stated tobe a society registered under Societies Registration Act, espousing the cause of persons whose lands have been acquired by the respondent for North Chennai Thermal Power Project.2.

3. It is based on the said guidelines propounded by the Tamil Nadu Electricity Board , the displaced persons whose properties have been acquired for the Thermal Power Project, areconsidered for suitable employment. The writ petitions filed by the Association are relating to four villages of the displaced persons who are stated to be eligible for employment viz.,Ennore, Chappakkam, Ennorekuppam and Puzhuthivakkam. It is the case of the petitioner Association that in respect of EnnoreVillage 129 people who owned the properties were affected and likewise in the Ennorekuppam Village, 39 families are displaced by the acquisition process. In Chappakkam Village, 12 families are affected and in Puzhuthivakkam, the total number of affected families are 15 in number.4. The respondent Electricity Board has filed the counterin all these cases. It is the case of therespondent/Electricity Board that pursuant to the acquisition and based on G.O.Ms.No.656 dated 26.09.1978, the Board has propounded proceeding stipulating guidelines for the purpose of identifying persons to confer the benefit on rehabilitation basis.

It is the case of the Electricity Board that on individual assessment, majority of the families have been conferred with the benefits as per the Board proceedings. Infact it is the case of the Electricity Board that the persons who are left out have been considered as and when such instances are brought to the notices of the Electricity Board. However, in respect of Puzhuthivakkam village, the property acquired were belonging to a society and in the land acquisition proceedings, compensation have been paid to the society and persons who are now claiming as belonging to 15 families as seen fromW.P.No.10921 of 2006 were all employees in the society and they were not the individual owners of the lands and as per the Government Order, as well as the Board proceedings they are not eligible for the benefit of rehabilitation. Therefore, in respect of the said writ petition, it is the case of the Electricity Board that no one of the family members are eligible for the benefit as per the Government Order and the compensation has been paid to the society namely, "M/s.Christ Nagar Society.

"5. I have heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents.6. Eventhough in respect of one of these writ petitions, the respondent/Electricity Board raised an objection about the maintainability of the writ petitions, since the acquisition has been taken from the lands of individual owners and it is only the individual families who are eligible for the rehabilitation measures and their cause which cannot be espoused by the association as a common cause, it cannot be denied that the lands belonging to the individual owners have been acquired who are eligible for the benefits of the Government Order as well as rehabilitation measures. Except the representation made by the https://hcservices.ecourts.gov.in/hcservices/ association, namely the petitioner's society, it appears that no individual land owners made any representation.

The learned Government Advocate would fairly submit thatinfact the District Collector had conducted enquiry and identified certain number of persons who are eligible to receive the benefits as per the Scheme.

Considering the fact that the individual owners whose lands have been acquired for the said project were eligible for the benefits, I am of the considered view that therespondent/Electricity Board should be directed to conduct adetailed enquiry and identify persons who were eligible for the benefits as per G.O.Ms.No.656, Labour and Employment dated29.06.1978 and also the consequential Board proceeding inB.P.Per(FB)No.3, Administrative Branch dated 25.01.1990, and confer the benefits to the persons who are eligible.