Land Acquisition: Madras High Court ruling restraining acquisition from freedom fighters and defence personnel

Courts Orders Return of 7.83 Acres of land acquired from family of Freedom fighter.

Ruling that movable and immovable properties held by freedom fighters and defence personnel should never be acquired by government for any purpose, the Madras High Court has ordered return of 7.83 acres of land, worth several crores now, at Maraimalai Nagar, near Chengalpet, to children of freedom fighters. Justice C.S.Karnan ruled that acquisition could not be sustained because it had come against a 1948 order of allotment. Neighborhood schemes are not of more paramount importance than freedom fighters, he said, adding that the family of the freedom fighter was cultivating the land for the last 66 years.

“Could the selfless sacrifices of such stalwarts as Mahatma Gandhi and others get obliterated overnight by a simple piece of unconsidered land acquisition? Freedom fights, defence personnel and their family members are shouldering the security of 125 crore-strong population of India. Therefore, their assets – moveable or immovable- should not be disturbed at any cost” – Mr. Justice C.S.Karnan observed in an order.

Freedom fighter Subbiah was among five beneficiaries for whom 50 acres of land was allotted a year after Independence. As his share Subbiah got 7.83 acres of land by a 1948 order which de-reserved a portion of reserved forest at katankulathur near   Maraimalai Nagar. Subbiah died on 1973. In 1974, the lands were acquired for the Maramalai Nagar neighbuorhood scheme, which envisaged developing residential plots to house about 1 lakh people.

Compensation for Land Acquisition:

Fourteen years later, in 1986, a compensation of Rs.2.68 lakh for the acquired land was announced, and deposited in a civil court as the sum could not be apportioned among the four children of Subbiah. Till date the family has not received any compensation, his son S.Balasubramaniam said. After many rounds of litigation and contempt proceedings, he filed a petition in the Madras High Court saying the acquired land was still under their physical possession and that even 29 years after acquisition the land remained vacant. Lands acquired for residential purposes had been used for Industrial and commercial purposes.

Re-conveyance ordered:

While delivering the judgment, Justic Karnan observed that the land was put for other use than the intended use for which the acquisition was made. He then directed the CMDA and other authorities to re-convey the land to the blood relatives of the freedom fighters within 2 months.