JAINULABUDEEN AND ORS. versus THE GOVT. OF TAMIL NADU AND ORS.

Citation: [1994] 3 S.C.R. 899 · Decided: 04-05-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

\ 
JAINULABUDEEN AND ORS. 
A 
v. 
THE GOVT. OF TAMIL NADU AND ORS. 
MAY 4, 1994 
B 
[K. RAMASWAMY AND N. VENKATACHALA, JJ.] 
1 
Land Acquisition Act. 1894 : Land Acquisition-Validity of-When 
better land available for public purpose-Also a major portion of proposed 
scheme on land acquired dropped-Notification acquiring land quashed. 
c 
The State of Tamil Nadu initiated proceedings for acquisition of 
certain lands resulting in these appeal•. During the hearing of the appeals 
this Court directed the State Government to ascertain whether the land 
was still needed for a public purpose, being a suitable one or there was 
oilier better land available. In the Affidavit filed on behalf of the State it D 
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was asserted that the land in question was suitable for establishing taluk 
r 
office and sub-treasury office. However, from the record it was evident that 
(i) in the vicinity of the existing taluk office there were large open areas 
available for acquisition whereas the land in question was situated at a 
place far away from the place where tal_uk office is found; (ii) a major part E 
of the initial proposal to acquire 20 acres of land as a compact block to 
establish college of Music, taluk office, sub-treasury office, sub-jail etc. has 
also been dropped. 
Allowing the appeal, this Court 
., 
F 
' 
HELD : In view of the fact that major part of the proposal appears 
to have not been pursued, the proposal to have a compact block no longer 
sulisists. Considered from this perspective and in view of the fact that 
there are other agricultural open lands available for acqujsition either to 
the north or to the south of the taluk office abutting the main road, there G 
would be no justification for proceeding with the acquisition of the lands 
in question. Accordingly, the notification issued and published as regards 
the lands in question is quashed. [901-A-C] 
J. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1751 and 
1752 of 1990. 
H 
899 
900 
SUPREME COURT REPORTS 
11994]3 S.C.R. 
A 
From the Judgment and Order dated 18.12.89 for the Madras High 
B 
c 
D 
E 
Court in W.A. Nos. 1069 & Hl70 of 1989. 
A.T.M. Sampath and Ms. Pushpa Rajan for the Appellants. 
A.Mariarputham and S. Balakrishmm for the Respondents. 
The following Order of the Court was delivered : 
W c 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 respon-
sible 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.0., Thanjavur, Tamil 
Nadu in which it is stated that the Government had proposed to open a 
sub-treasury al 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 Di:-.trict Collector and other officers, when in-
spected different lands and identified the present lands as suitable for 
Taluk office aml 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 
F 
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 cx1ent of 18 acres of land 
is still available for acquisition. 
G 
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 construc-
H 
tion of the music college are no longer needed. It becomes also clear that 
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1 
JAINULABUDEEN 1•. GOVLOFTN. 
901 
in the present land there is a well developed coconut lope, pa

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