T R BOOPALAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) Leave granted.

(2.) The appellants herein claim to be the owners of a plot of land measuring 0.81 acres comprised in Survey No.188/4 in Thiruvanmiyur village falling under Chengalpattu District, now part of Mylapore Triplicane Taluk, Chennai District. The said land which was the subject matter of a Notification under Section 4(1) of the Land Acquisition Act, 1894, hereinafter referred to as "the L.A.Act", issued pursuant to G.O.MS 36/Housing, published by the Tamil Nadu Government in the Official Gazette on 19.2.1975. It is the case of the appellants that on 28.3.1983 an Award was made in respect of the said lands which was registered in the name of the appellants.

(3.) In 1991, the appellants filed Writ Petition No.16207 of 1991 challenging the acquisition proceedings in respect of Survey No.188/4 measuring 0.81 acres. According to the appellants, the said writ petition was allowed and the Notification under Section 4 (1) of the L.A. Act in respect of Survey No.188/4 of the aforesaid village was quashed. It appears that thereafter it was discovered by the appellants that through inadvertence the measurement of the land had been shown in the writ petition as 0.81 cents instead of 0.81 acres and an application was thereupon made before the High Court to correct the mistake and to amend the relief in respect of 0.81 cents to 0.81 acres since there was no dispute regarding the same and the correct figure had been mentioned both by the Tamil Nadu Housing Board and the State of Tamil Nadu. The said application for amendment of the relief was dismissed on 23.2.1999 by the High Court on the ground of laches.