The family of a freedom-fighter is all set to get back 7.83 acres in Kancheepuram district, which was acquired 28 years ago, thanks to a Madras High Court directive.

The assets of freedom fighters, defence personnel and their family members should not be disturbed at any cost. This was because they were shouldering the security of the people, observed Justice C.S.Karnan.

The petitioner, S.Balasubramaniam, submitted that his father, Subbaiah, was a freedom fighter. On his father's requests to the government to assign him lands as honorarium under the special category of freedom fighters for cultivation, 7.83 acres at Kattankulathur were granted to him. Subbaiah died in March 1973. Mr. Balasubramaniam said he, his brothers and a sister were enjoying the property.

Then a notification for acquiring nearly 123 acres, including that of the petitioner, was issued in August 1974. An award was also made in 1986. The petitioner challenged the acquisition at every stage. No compensation was also paid to him.Now, he challenged the acquisition and prayed the court to give back the lands to the family.

Allowing the petition, Mr.Justice Karnan said freedom fighters/political sufferers had occupied property as per a G.O. as late as December 1948. But the Housing and Urban Development acquired the lands as per a G.O. of August 1974 which ran against the earlier order. Hence, the latest G.O was not sustainable.

As such the acquisition proceedings pertaining to the petitioner's land had lapsed. Also, originally the lands had been acquired for a Satellite Town at Maraimalai Nagar.

However, the CMDA's counter-affidavit revealed that the acquired property had been utilised for industrial purpose which was against the purpose for which the lands had been acquired.

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Freedom fighters family gets back 7.83 acre land in Kancheepuram district