(1.) These appeals have been preferred against the impugned judgment and order dated 24.1.2012, passed by the High Court of Judicature at Madras in Writ Appeal Nos. 805-806 of 2011, by which, the Division Bench reversed the judgment and order of the learned Single Judge, dated 1.11.2010 passed in relation to land acquisition proceedings.
(2.) Facts and circumstances giving rise to these appeals are as under:
(3.) Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta, learned senior counsel appearing for the appellants, have submitted that, since the Section 6 declaration dated 6.6.1981 has been quashed in toto and no fresh declaration was made thereafter, subsequent proceedings are void ab-initio. The appellants, before purchasing the suit land made various inquiries and were informed in writing by various authorities, that the said land was not the subject matter of any acquisition proceedings at the relevant time. More so, a high powered committee, constituted by the Board itself, submitted a report that the suit land was not required by the Board, and that even though the possession of the land had been taken, the land vested in the State. There was no approach road to the suit land and thus, the said land could not be utilised for the purpose for which, it was acquired. The Board was not in a position to utilise the suit land and, thus, it could be released in favour of the appellants, subject to refunding the compensation amount received by the land owners. More so, the compensation amount received by the persons aggrieved in 1983 was received under protest, and was refunded to them in 2010, by way of demand draft, though the same was not accepted by the Board and was therefore, returned to the tenure-holders. The appellants are still willing to refund the amount of compensation received by the persons- interested, in pursuance of the illegal and void awards, dated 28.6.1983 and 14.8.1986. Therefore, the impugned judgment and order are liable to be set aside and the present appeals should be allowed.
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