M.S. Cherian & Ors. etc. Vs. State of Tamil Nadu & Ors.
EmailAppeal: Writ Petition No. 7035 of 1981.
Petitioner: M.S. Cherian & Ors. etc.
Respondent: State of Tamil Nadu & Ors.
Apeal: Writ Petition No. 7035 of 1981.
Judges: M.P. THAKKAR & N.D. OJHA, JJ.
Date of Judgment: Jan 28, 1988
Head Note:
TAMIL NADU GUDALUR JANMAM ESTATES (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1969:
Sections 9(1) and 17 – Tamil Nadu Forest (Amendment) Act, 1981 – PIL on account of eviction of a large number of agriculturists from the lands in their possession – The constitutionality of the Act upheld in 1973(1) SCR 258 – The Act also earned immunity on being included in IXth Schedule in 1974 – Petitioners can succeed only if they establish their title to lands under the law – The cases of the petitioners deserve to be sympathetically considered – Authorities to reconsider their cases on compassionate ground and grant them pattas without violating any provisions of any statute or any scheme of resettlement.
Cases Reffered:
1. Balmadies Plantations & another v. State of Tamil Nadu, 1973 (1) SCR 258.
JUDGEMENT:
O R D E R
1. This Writ Petition under Article 32 of the Constitution has been instituted by way of Public Interest Litigation on account of eviction of a large number of agriculturists from the lands in their possession in the context of the Tamil Nadu Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (hereinafter referred to as the Janmam Estates Act). The constitutional validity of Section 9(1) and Section 17 of the Act has been challenged in the course of the Writ Petition. So also the constitutionality of the Tamil Nadu Forest (Amendment) Act, 1981 hereinafter referred to as the Forest Act) has been challenged by the petitioners. The constitutionality of the Forest Act has been challenged by reason of the fact that eviction of some of the petitioners from the lands in question was effected by recourse to the procedure embodied in the said Act.
2. So far as the Janmam Estates Act is concerned, the constitutional validity of all the provisions of the Act barring Section 3 thereof in so far as it relates to the forests in the Janmam Estates has been upheld by this Court, in BALMADIES PLANTATIONS & ANOTHER VS. STATE OF TAMIL NADU (1973(1) SCR 258). The petitioners cannot therefore successfully assail the Janmam Estate Act. Besides the said Act has now earned immunity on being included in the IXth Schedule in 1974. So far as the constitutional validity of the Forest Act is concerned it is unnecessary to examine the same as the eviction of the concerned petitioners took place in 1981 and no useful purpose will be served by digging up the past, particularly because the evicted petitioners can succeed on merits only provided they establish their title to the lands in question under law. In our opinion the grievances made by the petitioners can be satisfactorily resolved by issuing directions in the following terms:-
1. Such of the petitioners who are still in possession of the lands comprised in the Janmam Estates by virtue of the interim relief granted in the present petition should not be dispossessed for nine months from today. Meanwhile the claims of these petitioners for grant of patta to the lands in question under the provisions of the Janmam Estates Act or in pursuance to the G.Os. dated 23rd December, 1975 and 21st December, 1978 or any other similar G.Os., if any issued in this behalf, should be re-examined by the competent authority. If the examination of their claims cannot be completed within the period of nine months, the concerned authority may stay their hands till the examination is completed. For this purpose, the petitioners shall make their claims latest within three months from today so that the Competent Authority can comply with the aforesaid direction. Even if eventually their claims are not substantiated or sustained and the question of evicting them arises, they must not be evicted except in accordance with the procedure prescribed by the relevant provisions of law after giving them at least 15 days’ notice in this behalf.
2. In regard to those of the petitioners who are presently in possession of some lands, but are unable to establish their rights under the provisions of the Janmam Act or under the concessions granted as per the aforesaid G.Os. they will be at liberty to make representations for granting them the lands in their possession by pattas on humanitarian and compassionate grounds. Such representations shall be considered with sympathy and they may be accommodated to the extent possible if it can be done without violating any provisions of law or violating any scheme for re-settlement framed by the competent authority. If possible some scheme may be evolved to settle them out of sympathy and compassion.
3. Even in regard to those of the petitioners who have already been evicted, they should be afforded an opportunity of establishing their claims either under the Janmam Act or under the aforesaid G.Os. or any other similar G.Os. issued by the State Government in the same manner as has been indicated hereinbefore. They will make their applications within three months from today. If such applications are made the same will be disposed of within six months thereafter. In case the competent authority on re-examination of their cases, is unable to uphold their claims, the concerned petitioners also will be afforded the same opportunity of making representations on compassionate grounds. And their cases will also be sympathetically considered in the manner indicated hereinbefore, to the extent possible.
3. We are given to understand by the petitioners that most of the petitioners have their houses nearby the lands in question and most of them are or were in possession only of small parcels of the land admeasuring half an acre to two acres. Their cases deserve to be sympathetically considered having regard to the proximity of their houses and the history of their past possession. The State Government and the concerned Competent Authority, we trust, will make a sympathetic approach and grant them pattas on compassionate grounds, if possible, without violating any provisions of any statute or any scheme for resettlement already framed by the State Government. As observed earlier a new settlement may be framed is possible. In view of these observations, the learned counsel for the petitioner withdraws the Writ Petition. The Writ Petition will stand disposed of accordingly. There will be no order regarding costs.
1. This Writ Petition under Article 32 of the Constitution has been instituted by way of Public Interest Litigation on account of eviction of a large number of agriculturists from the lands in their possession in the context of the Tamil Nadu Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (hereinafter referred to as the Janmam Estates Act). The constitutional validity of Section 9(1) and Section 17 of the Act has been challenged in the course of the Writ Petition. So also the constitutionality of the Tamil Nadu Forest (Amendment) Act, 1981 hereinafter referred to as the Forest Act) has been challenged by the petitioners. The constitutionality of the Forest Act has been challenged by reason of the fact that eviction of some of the petitioners from the lands in question was effected by recourse to the procedure embodied in the said Act.
2. So far as the Janmam Estates Act is concerned, the constitutional validity of all the provisions of the Act barring Section 3 thereof in so far as it relates to the forests in the Janmam Estates has been upheld by this Court, in BALMADIES PLANTATIONS & ANOTHER VS. STATE OF TAMIL NADU (1973(1) SCR 258). The petitioners cannot therefore successfully assail the Janmam Estate Act. Besides the said Act has now earned immunity on being included in the IXth Schedule in 1974. So far as the constitutional validity of the Forest Act is concerned it is unnecessary to examine the same as the eviction of the concerned petitioners took place in 1981 and no useful purpose will be served by digging up the past, particularly because the evicted petitioners can succeed on merits only provided they establish their title to the lands in question under law. In our opinion the grievances made by the petitioners can be satisfactorily resolved by issuing directions in the following terms:-
1. Such of the petitioners who are still in possession of the lands comprised in the Janmam Estates by virtue of the interim relief granted in the present petition should not be dispossessed for nine months from today. Meanwhile the claims of these petitioners for grant of patta to the lands in question under the provisions of the Janmam Estates Act or in pursuance to the G.Os. dated 23rd December, 1975 and 21st December, 1978 or any other similar G.Os., if any issued in this behalf, should be re-examined by the competent authority. If the examination of their claims cannot be completed within the period of nine months, the concerned authority may stay their hands till the examination is completed. For this purpose, the petitioners shall make their claims latest within three months from today so that the Competent Authority can comply with the aforesaid direction. Even if eventually their claims are not substantiated or sustained and the question of evicting them arises, they must not be evicted except in accordance with the procedure prescribed by the relevant provisions of law after giving them at least 15 days’ notice in this behalf.
2. In regard to those of the petitioners who are presently in possession of some lands, but are unable to establish their rights under the provisions of the Janmam Act or under the concessions granted as per the aforesaid G.Os. they will be at liberty to make representations for granting them the lands in their possession by pattas on humanitarian and compassionate grounds. Such representations shall be considered with sympathy and they may be accommodated to the extent possible if it can be done without violating any provisions of law or violating any scheme for re-settlement framed by the competent authority. If possible some scheme may be evolved to settle them out of sympathy and compassion.
3. Even in regard to those of the petitioners who have already been evicted, they should be afforded an opportunity of establishing their claims either under the Janmam Act or under the aforesaid G.Os. or any other similar G.Os. issued by the State Government in the same manner as has been indicated hereinbefore. They will make their applications within three months from today. If such applications are made the same will be disposed of within six months thereafter. In case the competent authority on re-examination of their cases, is unable to uphold their claims, the concerned petitioners also will be afforded the same opportunity of making representations on compassionate grounds. And their cases will also be sympathetically considered in the manner indicated hereinbefore, to the extent possible.
3. We are given to understand by the petitioners that most of the petitioners have their houses nearby the lands in question and most of them are or were in possession only of small parcels of the land admeasuring half an acre to two acres. Their cases deserve to be sympathetically considered having regard to the proximity of their houses and the history of their past possession. The State Government and the concerned Competent Authority, we trust, will make a sympathetic approach and grant them pattas on compassionate grounds, if possible, without violating any provisions of any statute or any scheme for resettlement already framed by the State Government. As observed earlier a new settlement may be framed is possible. In view of these observations, the learned counsel for the petitioner withdraws the Writ Petition. The Writ Petition will stand disposed of accordingly. There will be no order regarding costs.
