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 2006Vada 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 toGovernment, Revenue DepartmentFort St.George,Chennai 9.2.The ChairmanTamil Nadu Electricity BoardAnna Salai, Chennai 2.3.The District CollectorTiruvallur District.4.The Special Tahsildar(Land Acquisition)North Madras Thermal Power ProjectPonneri Taluk, Ponneri.5. The Chief EngineerNorth Madras Thermal Power ProjectEnnore, Chennai. 6. 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 therespondents 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 ofPuzhuthivakkam Village, Tiruvallur District from whom the lands https://hcservices.ecourts.gov.in/hcservices/ were acquired for North Madras Thermal Power Project in theNorth 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 bythe respondent for North Chennai Thermal Power Project.2. The Government of Tamil Nadu has acquired lands inEnnore, Chappakam, Puzhuthivakkam, Athipattu, Vallur, Uayalurand Neithavoyal Village all situated in Thiruvallur District,under the Land Acquisition Act for the establishment of NorthChennai Thermal Power Project. By way of measure of arehabilitation for the affected families, the Government passedG.O.Ms.No.656 Labour and Employment Department dated 26.09.1978,formulating a policy providing employment to the displacedfamilies. It was based on the said Government Order, the TamilNadu Electricity Board has passed a Board proceeding in B.P.Per(FB)No.3, Administrative Branch dated 25.01.1990, giving certainguidelines for the purpose of identifying the displaced familiesfor whom the rehabilitation measures are to be provided. Thesaid proceeding has given various guidelines which runs asfollows:"(iii) Only one person in the family identified bythe Collector, Chengai-Anna District as eligiblefor employment assistance be appointed as Helper(Trainee).(iv) Only persons physically fit and suitable forthe job be considered for such appointment.(v)In cases where the family does not have a malemember or a member not physically fit either dueto age or physical infirmities, the family maynominate his/her relative for appointment and suchnomination is a one time affair and shall not berevoked or altered when once the said nominee isappointed.(vi) The trainee so appointed be absorbed asregular Helper on satisfactory completion of threeyears training." https://hcservices.ecourts.gov.in/hcservices/

3. It is based on the said guidelines propounded by theTamil Nadu Electricity Board , the displaced persons whoseproperties have been acquired for the Thermal Power Project, areconsidered for suitable employment. The writ petitions filed bythe Association are relating to four villages of the displacedpersons who are stated to be eligible for employment viz.,Ennore, Chappakkam, Ennorekuppam and Puzhuthivakkam. It is thecase of the petitioner Association that in respect of EnnoreVillage 129 people who owned the properties were affected andlikewise in the Ennorekuppam Village, 39 families are displacedby the acquisition process. In Chappakkam Village, 12 familiesare affected and in Puzhuthivakkam, the total number of affectedfamilies 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 acquisitionand based on G.O.Ms.No.656 dated 26.09.1978, the Board haspropounded proceeding stipulating guidelines for the purpose ofidentifying persons to confer the benefit on rehabilitationbasis. It is the case of the Electricity Board that onindividual assessment, majority of the families have beenconferred with the benefits as per the Board proceedings. Infact it is the case of the Electricity Board that the personswho are left out have been considered as and when such instancesare brought to the notices of the Electricity Board. However,in respect of Puzhuthivakkam village, the property acquired werebelonging to a society and in the land acquisition proceedings,compensation have been paid to the society and persons who arenow claiming as belonging to 15 families as seen fromW.P.No.10921 of 2006 were all employees in the society and theywere not the individual owners of the lands and as per theGovernment Order, as well as the Board proceedings they are noteligible for the benefit of rehabilitation. Therefore, inrespect of the said writ petition, it is the case of theElectricity Board that no one of the family members are eligiblefor the benefit as per the Government Order and the compensationhas been paid to the society namely, "M/s.Christ Nagar Society."5. I have heard the learned counsel appearing for thepetitioner as well as the learned counsel appearing for therespondents.6. Eventhough in respect of one of these writ petitions,the respondent/Electricity Board raised an objection about themaintainability of the writ petitions, since the acquisition hasbeen taken from the lands of individual owners and it is onlythe individual families who are eligible for the rehabilitationmeasures and their cause which cannot be espoused by theassociation as a common cause, it cannot be denied that thelands belonging to the individual owners have been acquired whoare eligible for the benefits of the Government Order as well asrehabilitation measures. Except the representation made by the https://hcservices.ecourts.gov.in/hcservices/ association, namely the petitioner's society, it appears that noindividual land owners made any representation. 7. The learned Government Advocate would fairly submit thatinfact the District Collector had conducted enquiry andidentified certain number of persons who are eligible toreceive the benefits as per the Scheme.8. Considering the fact that the individual owners whoselands have been acquired for the said project were eligible forthe 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 thebenefits 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, andconfer the benefits to the persons who are eligible. 9. In view of the same, the writ petitions are disposed of,with a direction to the petitioner association, to fileindividual applications in respect of the individuals who areeligible for the benefits, to the District Collector, as perthe Government Order as well as the Tamil Nadu ElectricityBoard, within a period of two weeks form the date of receipt ofa copy of the order, and the Electricity Board in consultationwith the District Collector/third respondent shall identify thepersons eligible for the benefits by conducting proper enquiryand give fair opportunity to the members of the petitioner'sassociation and pass appropriate orders, within a period ofthree months thereafter.KsrSd/Asst.Registrar/true copy/Sub Asst.RegistrarTo1.The Secretary to Government, Revenue DepartmentFort St.George,Chennai 9.2.The ChairmanTamil Nadu Electricity BoardAnna Salai, Chennai 2. https://hcservices.ecourts.gov.in/hcservices/

3.The District CollectorTiruvallur District.4.The Special Tahsildar(Land Acquisition)North Madras Thermal Power ProjectPonneri Taluk, Ponneri.5. The Chief EngineerNorth Madras Thermal Power ProjectEnnore, Chennai. 6. The TahsildarPonneri, Tiruvallur District.+ 4 ccs to Mr. P. Raja, Advocate SR No.42453+ 1 ccs to Government Pleader SR No.42090, 42085, 42087+ 1 cc to Mr. Vaidyanathan, Advocate SR No. 42031Writ 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 2006MJ(CO)SR/27.7.2007