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2014 (6) TMI 1022 - HC - Indian LawsDirection to vacate the land and hand over possession of the premises to the Tahsildar, Fort-Tondiarpet Taluk, Chennai - resumption of land - power of eminent domain - compulsory acquisition of the property - Legal rights. The crucial question that arises for consideration in this case is, when one organ of democracy, namely, the executive/Government has been empowered to entrust its own property to another organ viz., judiciary under which the control has been given to Administrator General & Official Trustee (AGOT) under an enactment, on the principle of eminent domain, can the Government invoke another enactment i.e., Government Grants Act under Section 3, resuming the land on its own, without resorting to any procedure contemplated under the Official Trusts Act ? Held that:- The Government, while making an order for resumption of land through its executive, did not take any order either from the scheme court or from the AGOT Court. Though there were attempts made by the executive to file applications one by Chennai Metro Rail Limited and the other by District Collector, subsequently, the same were withdrawn. So, it is clear that there was no order made by AGOT Court, which is the court of competent jurisdiction to permit AGOT to hand over the possession of the land in its control to the Government, for resumption. The said judicial procedure has been overlooked by the Government in resuming the land, even of its own. This act of the Government, bypassing an act under which the entrustment has been made, would amount to violation of the basic structure of the Constitution of India and the power of separation which has been demarcated could not be usurped by one organ on its own. Judicial discipline binds us and the constitutional wisdom underlined under Article 141 of the Constitution is to be followed - while upholding the rule of law that there shall be a proper procedure to approach the AGOT Court and also the competent court of civil jurisdiction where the scheme decree has been formulated for control and management of the property for obtaining an order before resumption of the land under the Official Trustees Act, these appeals are to be dismissed. Thus, though there is a violation of Rule of Law by the authorities in resumption of lands in question, with heavy heart, by giving due respect to the ratio decidendi of the Supreme Court with regard to the very same subject lands, we are left with no other choice but to follow the same under Article 141 of the Constitution - appeals dismissed.
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