G.V.K. Perambalur Sez Private Limited v. Selvarani

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the common order passed by writ court dated 20.04.2022 in a batch of writ petition. Page9 of 13

¶2Learned Senior Counsel appearing on behalf of the appellant would mainly contend that the appellant developed Special Economic Zone under the provisions of Special Economic Zones Act, 2015, by obtaining necessary approval from Tamilnadu Industrial Development Corporation Limited (TIDCO). Lands were acquired from the private land owners and Memorandum of Understanding were signed between the parties. As per the agreement, in lieu of the acquisition of lands by the appellant Company from the private land owners, they agreed to purchase an alternate land and secure necessary lay out approval and allot the respective plots to the land losers. Though the agreement was signed between the parties in 2009, no progress has been made, neither in developing the project nor handing over alternate land in favour of the land losers.

¶3Learned Senior counsel for the appellant would submit that the appellant Company purchased vast extent of lands measuring 258 acres at Perumathur and Pennakonam in Perambalur District and submitted an application to the Director of Town and Country Planning seeking necessary lay out approval. The grievance of the appellant is that the application submitted by them was not considered by the Director of Town and Country Planning, which caused delay in allotment of plots to the respondents/land losers. The writ Court, allowed the writ petition in favour of the respondents, vide, a common order dated 20.04.2022. The present appeals are pending for the past about 3½ years. Even during the interregnum period, no progress regarding getting lay out approval from the Director of Town and Country Page10 of 13 Planning.

¶4This Court is of the considered view that the land losers cannot made to suffer for an indefinite period, despite the fact that they have consented for acquisition and handed over their valuable lands for developing Special Economic Zone by the appellant Company. Thus, any delay caused would result in prejudice to the land losers, who had parted with their valuable lands in favour of the appellants.

¶5Learned counsel for the respondents would submit that the lands belonged to the respondents were handed over to the appellant and despite that, they are unable to get alternate land as per the terms agreed between the parties in the Memorandum of Understanding dated 23.10.2009. Almost 17 years lapsed. The delay is unreasonable. Therefore, the respondents are entitled for an appropriate relief.

¶6The appellant has no quarrel in respect of the conditions agreed by them for handing over of alternate land to the respondents. They have purchased vast extent of land and submitted application seeking lay out approval from the Director of Town and Country Planning.

¶7This being the factum agreed by the appellant, this Court is inclined to pass the following order.

(i) The 7th respondent, Director of Town and Country Planning, is directed to scrutinize the application filed by the appellant Company seeking layout approval and pass final order within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law, if Page11 of 13 the conditions stipulated for grant of approval has been complied with.

(ii) The appellant is at liberty to pursue the application with the Directorate of Town and Country Planning and ensure that all the formalities are completed within the time limit, enabling the Director of Town and Country Planning to take a final decision and pass appropriate orders.

(iii) In the event of not granting lay out approval by the Director of Town and Country Planning within a period of eight weeks time as stipulated above, the appellant Company is directed to pay compensation equivalent to the extent of land as agreed by the appellant in the Memorandum of Understanding dated 23.10.2009, at the market value of the land, prevailing as of now, and settle the same in favour of the respondents within a period of eight weeks from the date of expiry period of eight weeks granted for taking decision regarding the application submitted by the appellant seeking lay out approval.

¶8Accordingly, the Writ Appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 26-03-2026 Index: Yes/No Speaking/Non-speaking order vsi Page12 of 13 To

¶1The Chairman TN Industrial Development Corporation Limited, (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

¶2The District Collector Office of the District Collector, Perambalur District, Perambalur.

3.The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District WAeNo.e230,e234,e235, 238,239e&e242eofe2023 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WAeNo.e230,e234,e235, 238,239e&e242eofe2023 and CMPeNos.e2483,e2482,e2478,e 2463,e2447ee&e2492eofe2023 26-03-2026 Page13oofo13

2026:MHC:1289 Page1 of 13 1+IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WA No. 230, 234, 235,238,239 & 242 of 2023 and CMP Nos. 2483, 2482, 2478, 2463, 2447 & 2492 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255/DA/48D Mettu Street, Samiappa Nagar, Perambalur - 621 212. ..Appellant(s) Vs 1. Selvarani W/o. Krishnamurthi, Door No. 50/1, MGR Thidal, Thidir Kuppam, Circle No. 30, Ward No. 10, Kurinijipadi Taluk, Cuddalore District. 2. The Chairman TN Industrial Development Corporation Limited, (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8 3. The District Collector Office of the District Collector, Perambalur District, Perambalur. 4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District 5. G.V.K. Industries Ltd., 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State 6. G.V.K. Infra Tech Private Ltd. Rep by its Authorized Signatory, Srinivasalu Reddy, Page2 of 13 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State 7. The Director Of Town And Country Planning, Perambalur District (R7-Impleaded Suo Motu as party respondent, vide order of Court dated 08/02/2023 made in WA.Nos.230,234,235,238,239 and 242 of 2023 and CMP.Nos.2447,2463,2478,2482,2483 AND 2492/2023 (TR., ACJ & DBCJ) ..Respondent(s) WA No. 238 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255/DA/48D Mettu Street, Samiappa Nagar, Perambalur - 621 212. ..Appellant(s) Vs 1. K. Periyasamy S/o. Kannan, Door No. 76, MGR Street, Circle No. 30, Ward No. 10, Kurinjipadi Taluk, Neyveli - 7, Cuddalore District. 2. The Chairman TN Develop. Corpn. Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8 3. The District Collector Office of the District Collector, Perambalur District, Perambalur. 4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District 5. G.V.K. Industries Ltd., 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State 6. G.V.K. Infra Tech Private Ltd. Rep by its Authorized Signatory Srinivasalu Reddy, 156-159, Baicca House, Sardarpatel Page3 of 13 Road, Secundarabad 500 003, Andrapradesh State 7. The Director Of Town And Country Planning, Perambalur District Impleaded Suo Motu as party respondent, vide order of Court dated 08/02/2023 made in WA.Nos.230,234,235,238,239 and 242 of 2023 AND Cmp.Nos.2447,2463,2478,2482,2483 AND 2492/2023 (TR., ACJ & DBCJ) ..Respondent(s) WA No. 234 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255 / DA/ 48D Mettu Street, Samiappa Nagar, Perambalur 621 212. ..Appellant(s) Vs 1. Lakshmi W/o.Late Palanivel, Door No.22/4, East Street, Melakuppam, Viridhachalam Taluk, Cuddalore 607 802, Cuddalore District. 2. The Chairman TAMIL NADU Industrial Develop. Corpn. Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8 3. The District Collector Office of the District Collector, Perambalur District, Perambalur. 4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District 5. G.V.K. Industries Limited 156-159, Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State 6. G.V.K. Infra Tech Private Limited Rep by its Authorized Signatory Srinivasalu Reddy, S/o.P.Janarathana Reddy, 156-159, Page4 of 13 Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State. 7. The Director Of Town And Country Planning, Perambalur District Impleaded Suo Motu as party respondent, vide order of Court dated 08/02/2023 made in WA.Nos.230,234,235,238,239 and 242 of 2023 AND Cmp.Nos.2447,2463,2478,2482,2483 AND 2492/2023 (TR., ACJ & DBCJ) ..Respondent(s) WA No. 242 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255 / DA/ 48D