Madras High Court: buyer of land notified for acquisition doesn't acquire title

A person who purchases land from another person after a notification under section 4 (1) of the Land Acquisition Act has been issued does not acquire title to the property. Such a sale is void and the purchaser acquires no right, title or interest in the land and, therefore, cannot challenge the validity of the notification or the regularity in taking possession of the land, the Madras High Court has held.

The First Bench of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam was allowing appeals by the Tamil Nadu Housing Board (TNHB) against a single Judge's order setting aside a notification under section 4 (1) of the Act by which the board took over the lands of petitioners for the Tambaram Neighbourhood Housing Scheme initiated in 1978.

The petitioners had prayed before the single Judge to declare the section 4 (1) notification in respect of their lands as lapsed and abated and, consequently, forbear authorities from interfering with the enjoyment of their property.

In its judgment, the Bench observed that the petitioners had purchased the lands from the erstwhile owners in 2004-05. The fact that the purchases were effected after the award was passed had not been controverted.

The court pulled up the petitioners and Special Tahsildar K. Muthu, who issued the notification in their favour. Even though it was subsequently cancelled, the petitioners had taken a copy of it and obtained planning permission for buildings.

This was a clear case of fraud for which action should be initiated against all concerned. Even before the notification issued by the Special Tahsildar, the possession of the lands had been taken over by the housing board. Thus it was evident that the petitioners had not only 'managed' to obtain certain orders/proceedings from the department, but also misused the jurisdiction of the High Court to achieve their sinister design.

At no stretch of imagination, such an action would be permitted by the court.

The Bench allowed the appeals. It set aside the single Judge's order.

Bench allows appeals by Tamil Nadu Housing Board against single Judge's order

"Petitioners 'managed' to obtain orders and misused jurisdiction of court".