C.SASIYENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. B.Vinothbalan, Learned Counsel for the Petitioner, Mr. M.Rajarajan, Learned Government Advocate for the First and Third Respondents and Mr. Mahaboob Athiff, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Writ Petition has been filed challenging the Notification under Section 4(1) of the Land Acquisition Act issued in G.O.Ms.No.516, Housing and Urban Development dated 16.03.1979, published in the Tamil Nadu Government Gazette, dated 04.04.1979, by the First Respondent and to declare that the same had lapsed and is null and void and consequently, to forbear the Respondents or their men or subordinates from interfering with the title of the Petitioner and possession and enjoyment of his land in S.No. 217/1A2 to an extent of 3390 sq.ft in Madakulam Village, Madurai South Taluk, Madurai District except by due process of law by issuing a fresh Notification under Section 4(1) of the Land Acquisition Act.

(3.) Learned Counsel for the Petitioner contented that by an order dated 29.08.2007 in W.P. No. 11436 of 2005, this Court in respect of a similarly placed person, whose land had been acquired in a connected proceeding in G.O. Ms. No. 517 Housing and Urban Development dated 04.04.1979 has declared the notification issued under Section 4(1) of the Land Acquisition Act, 1894, would have lapsed insofar as the land owned by that Petitioner was concerned. The aforesaid conclusion was arrived on the basis that in an earlier order dated 07.04.1983 in W.P. (MD) No.1735 of 1983, this Court had quashed the declaration under Section 6 of the Land Acquisition Act, 1894, relating to the same land acquisition proceedings, but no steps had been taken for 24 years thereafter despite clarification that it would not preclude the authorities from issuing any fresh notification. It is brought to notice that the same benefit had been extended to other similarly placed land owners by order dated 30.07.2009 in W.P. (MD) Nos. 12210 and 12227 of 2008 and by order dated 05.02.2010 in W.P. (MD) No. 539 of 2010.