The Hindu Business Line : HC quashes order on dispossession of small farmer's land

Chennai April 12 The Madras High Court has ruled that if public purpose was for building houses on behalf of State Housing Board, it did not give right to dispossess persons who were already having houses built on their land on loan taken from a co-operative society.

"Certainly, there can never be said to be any public purpose in making a person shelter less so as to provide shelter to some other unnamed beneficiaries," a Division Bench comprising Mr Justice Dharma Rao Elipe and Mr Justice K. Chandru held while allowing a writ appeal by Nallappa Gounder (since deceased) challenging order of 17.1.1997 of Housing & Urban Development Department proposing to acquire 0.38 hec. of land in Kasipalayam, Erode.

The case

Appellant contended he had a house on the land and also had coconut, palm, and mango trees.

He was also having a cowshed and was carrying on milk business in said house. Department proposed to acquire said land saying it was required for public purpose of building houses by Housing Board.

Objections of appellant were rejected by the department.

Appellant's writ petition was dismissed by single judge on ground that he was not a small farmer.

The Bench noted that appellant had written to authorities, including the housing board that the land was being utilised by him for his residence and livelihood. The appellant had not received compensation and throughout the proceedings, he had benefit of interim order against dispossession, and inspite of the fact that six years had elapsed, no counter affidavit had been filed by respondents.

If public purpose was for building houses on behalf of the board, it did not give right to dispossess persons, who were already having houses built on loan taken from society.

The Bench allowed appeal and the order of the Housing & Urban Development Dept was set aside, and respondents were hereby prohibited from acquiring land belonging to appellant.

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