P VIJAY AGARWAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) IN view of the common issues involved in all the Writ Petitions and Writ Appeals, a common order is passed.

(2.) AN extent of 0.17 acres of land in Survey No.84/6A1A1C and another extent of 0.39 acres of land in Survey No.84/6A1A1D in Thiruvanmiyur Village have been acquired by the Government by passing a notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred as "the Act") vide G.O.Ms.No.1096, Housing and Urban Development Department, dated 17.07.1978. The petitioners have purchased the above lands by registered sale deeds on 02.06.1978. Thereafter, a declaration was passed under Section 6 of the Act on 08.08.1981 which was followed by a notice dated 11.08.1986 issued under Sections 9(3) and 10 of the Act. AN award was passed by the Land Acquisition Officer on 23.09.1986.

(3.) THE petitioners gave a representation on 12.03.1999 to the respondents seeking to exercise the power under Section 48-B of the Act. However, by the proceedings dated 15.06.1999, the request of the petitioners was rejected on the ground that the possession has already been taken over by the respondent No.1 as early as on 30.10.1986 and the acquired lands are required for the Housing Scheme. Challenging the above said orders passed by the respondent No.1, the petitioners have filed the present Writ Petitions.