RANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have filed the present writ petition seeking to challenge an order of the first respondent, dated 30.10.2008 and seeks to set aside the same and for a further direction to reconvey the lands in Survey No.251/2 measuring to an extent of 1 acre and 38.5 cents at Padikuppam village in favour of the petitioners.

(2.) WHEN the writ petition came up on 09.12.2010, notice was directed to be issued to the respondents privately. On such notice, the second respondent has filed a counter affidavit, dated 31.3.2011 justifying the impugned order. The petitioners had earlier filed a writ petition in W.P.No.16269 of 2008. The said writ petition came to be disposed of by an order dated 10.7.2007 directing the respondents to consider the petitioners' representation, dated 25.2.2008 in accordance with law. Pursuant to that direction, the impugned order came to be passed. In the impugned order, it was informed to the petitioners that Section 4(1) notification was issued by G.O.Ms.No.260, Housing and Urban Development Department, dated 23.10.1975. Subsequently, by G.O.No.1078, Housing and Urban Development Department, dated 12.7.1978, an order under Section 6 of the Land Acquisition Act was passed. Thereafter, awards in Award No.1 of 1983, dated 8.11.1983 and Award No.5 of 1984, dated 28.5.1984 in respect of S.Nos.251/1 and 251/2 were made. The lands were taken over by the Tamil Nadu Housing Board. The Tamil Nadu Housing Board had proposed to construct a Hostel for working women and a Home for senior citizens vide its resolution No.5.04, dated 27.06.2008. Hence the Housing Board was consulted and they expressed their intention to retain the land.

(3.) THE counsel for the petitioners strenuously contended that in several cases the Board had reconveyed the land, there must be uniformity in such matters. Once the original scheme was dropped, the petitioners are eligible for reconveyance as a matter of right or on the basis of equal treatment given to others.