Land Release Order Upheld by High Court

In a recent legal development, the High Court has upheld an order for the release of disputed land, emphasizing the importance of property rights and due process in the legal system. The court’s thorough analysis and decision highlight the significance of following proper procedures in matters concerning land ownership disputes. This ruling sets a precedent for upholding rights and ensuring fair outcomes in legal proceedings.

Facts

• The petitioner, a cable operator, was aggrieved by the police’s interference in disconnecting the connection provided by him.
• The court examined whether the police had the authority to interfere and disconnect the cable connection without following due process.
• The court held that the petitioner’s rights were violated as the police action was arbitrary and without any legal sanction.
• The court directed the police to follow the due process and not interfere with the petitioner’s cable connection without proper authority.
• The appellants sought discharge in connection with a crime registered in Coimbatore.
• The appellants claimed that they were not aware of the proceedings and did not mention it in the sale documents.
• They clarified they had no interest in the land after conveying it to the complainant.
• The Trial Court rejected their discharge application which was upheld in revision.
• The High Court also rejected the challenge against the order passed by the Principal District & Sessions Judge.

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Arguments

• Appellants stand by the petition and the order passed by the High Court.
• Appellants had approached the High Court stating that the land in question stood released from reservation/designation due to inaction by the authorities.
• Appellants argued that the release of the land should be in favor of the complainant.
• The appellants are willing to return the amount of consideration if the original complainant desires.
• The offer to return the amount of consideration is mentioned as a submission in the case.

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Analysis

• Appellants never claimed any interest in the land
• Appellants’ bona fides were clear when seeking release in favor of the complainant
• Application seeking discharge filed by the appellants should be accepted

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Decision

• The High Court disposed of the writ petition by ordering the release of the land in question owned by the petitioners in S. Nos.26/2B and 26/3 of Tudiyalur Village.
• The land was part of the land proposed for the inner ring road in the Coimbatore Master Plan under G.O. Ms. No.661, Housing and Urban Development Department dated 12.10.1994.
• The land was declared to be released under Section 38 of the Tamil Nadu Town and Country Planning Act.
• Respondents 1, 2, and the third respondent were directed to take necessary steps following the release of the land.

Case Title: P. VIJAY NATARAJ Vs. THE STATE (2022 INSC 906)

Case Number: Crl.A. No.-001448-001448 / 2022

Click here to read/download original judgement