TAMIL NADU HOUSING BOARD Vs. L CHANDRASEKARAN

JUDGEMENT

(1.) These appeals by the Tamil Nadu Housing Board (for short, 'the Board') are directed against judgment dated 1.8.2001 passed by the Division Bench of Madras High Court in Writ Appeal Nos. 796 and 1135 of 1999 whereby the appellant-Board has been directed to reconvey the acquired land on which no construction has been made to the respondents on their depositing the amount of compensation together with interest at the rate of 9%.

(2.) The land of the respondents falling in Survey Nos. 340, 341 and 343, Mogappair Village, Sedapet Taluk formed part of 513.52 acres acquired by the Government of Tamil Nadu for Ambattur Neighborhood Scheme. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 23.10.1975 and declaration under Section 6 was issued on 2.11.1978. After fmalization of the acquisition proceedings, the respondents were paid compensation in lieu of their land.

(3.) Some of the land owners including A.S. Naidu challenged the acquisition proceedings by filing writ petitions under Article 226 of the Constitution of India. The High Court quashed the declaration issued under Section 6 leaving the preliminary notification intact. Dissatisfied with the High Court's order, A.S. Naidu and others filed S.L.P. (C) Nos. 11353-11355 of 1988. During the pendency of the special leave petitions, the Act was amended by the Tamil Nadu Land Acquisition (Amendment) Act No. 16 of 1997 in terms of which declaration under Section 6 was required to be published within 3 years from the date of preliminary notification. This Court took notice of the amendment made by the State legislature and held that in view of the High Court's order, such publication cannot now be made and proceeded to quash the acquisition with liberty to the State Government to issue fresh preliminary notification.