LAWS(SC)-2011-10-50

R INDIRA SARATCHANDRA Vs. STATE OF TAMIL NADU

Decided On October 14, 2011
R.INDIRA SARATCHANDRA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the acquisition of the appellant's land lapsed on account of non-passing of an award within the period specified in Section 11A of the Land Acquisition Act, 1894 (for short, 'the Act').

(2.) The appellant's land was acquired by the State Government for and on behalf of Tamil Nadu Housing Board. Notification under Section 4(1) of the Act was issued on 01.11.1982 and was published in the Official Gazette on 24.11.1982. The declaration under Section 6 was issued on 2.2.1985. The same was published in the Official Gazette dated 20.02.1985 and in the local newspapers on 22.5.1985.

(3.) The writ petition filed by the appellant and others questioning the acquisition of land, which came to be registered as Writ Petition No.3646 of 1987 was allowed by the learned Single Judge vide order dated 24.10.1991. That order was set aside by the Division Bench in Writ Appeal No.406 of 1994 filed by respondent Nos.1 to 3. Thereafter, the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Ayyan Thirumaligam Road, Salem passed an award dated 10.12.1996.