U PRASHANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant's, lands were sought to be acquired for the formation of Maduravoyal Neighbourhood Scheme sponsored by the Tamil Nadu Housing Board bearing survey Nos.11/2B measuring 0.94 cents, in 12/1a measuring 0.36 cents in 12/1b measuring 0.37 cents and 13/2 measuring 1.62 acres in total measuring 3.29 acres in Ambattur Taluk. THE notification under section 4(1) of the Land Acquisition Act (hereinafter called "THE Act") in G.O.Ms. No. 857 Housing and Urban Development dated 26.8.1985 was published in the Government Gazette on 25.9.1985. THE declaration under Section 6 of the Act was made in G.O.Ms. No. 1525, Housing and Urban Development, dated 28.9.1986. As the major portion of the lands are not required for the said project, the Government in G.O.Ms. No. 31222/A2/87 2, Housing & Urban Development, dated 7.12.1987 withdrew the above said Notification with respect to 2.37 acres leaving 0.92 cents in S. No. 13/2 alone for the above said Housing Scheme. THE said Notification was published on 30.12.1987.

(2.) IN the meanwhile, the-appellant/petitioner filed writ petition in W.P. No. 8502 of 1988 to set aside the abovesaid two Notifications dated 26.8.1985 and 28.9.1986 and obtained an order of stay on 1, 8.1988. Ultimately the said writ petition was dismissed on 26.3.1998, It is relevant to mention here that though the Government had withdrawn the earlier Notifications dated 26.8.1985 and 28.9.1986 with respect to 2.37 acres of land, the appellant had challenged both the Notifications as if the entire extent of 3.29 acres of land was sought to be acquired.

(3.) THE learned counsel appearing for the appellant has submitted that the respondents cannot rely on the Explanation to Section 11-A of the Act to save the award as they have not taken any proceedings to pass award pursuant to the said declaration made on 13.2.1987 within two years, and the writ petition filed was only with reference to the Notification under Section 4 (1) of the Act, dated 26.8.1985, and the said declaration was made on 28.9.1986, which are nothing to do with the award now under challenge.