Interim stay on acquiring 1,352 acres for Upoor project

Justice M M Sundresh on granting the interim stay also issued notice to the government returnable in eight weeks. However, the judge allowed other proceedings to go on. The farmers had submitted that the government is in the process of acquiring 1,352 acres of fertile land belonging to agriculturists by deploying the TN Acquisition of Lands for Industrial Purposes Act 1997, despite being aware that the Central Act formulated in 2013 bars acquisition of fertile agricultural lands. 

Senior Counsel P Wilson appearing on behalf of the 137 farmers had contended that under the Central Act, if fertile lands are demonstrably shown to be required, the state on considering food security should offer equivalent lands to displaced agriculturists. 

Moreover, the compensation payable is four-times more than the market value under the Act. But, the state unmindful of the impact on the environment, held a public hearing on the acquisition just for the sake of it and farmers were threatened  of arrest if they voiced their objections. 

Even those, who had moved the Green Tribunal challenging the grant of No Objection Certificate to the project were also threatened, the plea said. Moreover, the government’s move to acquire fertile land would erase agriculture in as many as 38 villages. Such a vast acquisition was unwarranted for a mere 800 MW power plant, the plea added.

The Madras High Court has clarified that it is the policy matter of the government to decide which areas would be under Chennai Corporation and which areas would be under the Municipality and that the court cannot intervene in such issues. 

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar dismissed a PIL seeking a direction to include Tamil Nadu Housing Board Phase I and II with Ambattur, which falls under Zone 7 of Corporation of Chennai, held, “Which areas would be under Chennai Corporation and which areas would be under Ambattur Municipality is a matter of policy, with which the Court cannot interfere.” 

The bench also held, “The petitioner has not been able to demonstrate any violation of any legal or even equitable right. The writ petition is misconceived and the same is dismissed.” SVS Ilamvazhuthi, treasurer Sarva Hindu Thirukoil Trust, Ayapakkam, Chennai, submitted that in the year 1992 the Housing Board had allotted land to him at Ambattur Scheme Part I, II and III. While those of Phase III has been merged with Chennai Corporation, Phase I and II, continue to remain with Ambattur Municipality and hence ought to be changed, the plea said.