Governemnt can’t acquire properties of freedom fighters, says Madras High Court

CHENNAI: Ruling that moveable and immoveable properties held by freedom fighters and defence personnel should never be acquired by government for any purpose, the Madras high court has ordered return of 7.83 acres of land, worth several crores now, at Maraimalai Nagar, near chengalpet, to children of a freedom fighter.

"Could the selfless sacrifices of such stalwarts as Mahatma Gandhi and others get obliterated overnight by a simple piece of unconsidered land acquisition? Freedom fighters, defence personnel and their family members are shouldering the security of 125 crore-strong population of India. Therefore, their assets — moveable and immoveable properties — should not be disturbed at any cost," said Justice C S Karnan in an order.

Freedom fighter Subbiah was among five beneficiaries for whom 50 acres of land was allotted a year after Independence. As his share Subbiah got 7.83 acres by a 1948 order which de-reserved a portion of reserved forests at Kattankulathur near Maraimalai Nagar. Subbiah died in 1973. In 1974, the lands were acquired for the Maraimalai Nagar neighbourhood scheme, which envisaged developing residential plots to house about 1 lakh people.

Fourteen years later, in 1986, a compensation of 2.68 lakh for the acquired land was announced, and deposited in a civil court as the sum could not be apportioned among the four children of Subbiah. Till date the family has not received any compensation, his son S Balasubramaniam said. After many rounds of litigation and contempt proceedings, he filed a petition in the HC saying the acquired land was still under their physical possession and that even 29 years after acquisition the land remained vacant. Lands acquired for residential purposes had been used for industrial and commercial purposes, as is evident from the fact that a car company had been allotted some portions, he said.

CMDA counsel, however, claimed that copies of several communications furnished in court were bogus and said the petitioners were trying to mislead the court. He said CMDA was in possession of the land and that vacant lands were meant for public facilities such as parks and power poles.

Rejecting the submissions, Justice Karnan said the order of acquisition could not be sustained because it had come against a 1948 order of allotment. Neighbourhood schemes are not of more paramount importance than freedom fighters, he said, adding that the family of Subbiah was cultivating the land for the last 66 years. "It will be extremely painful to dislodge them at this juncture," he said.

The judge also pointed the acquired properties had been utilized for industrial and commercial purposes "which is against the purpose for which the land had been originally acquired." He then directed CMDA and other authorities to re-convey the lands to the blood relatives of the freedom fighter within two months.