K DURAISINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has invoked the extraordinary equitable jurisdiction of this Court under Article 226 of the Constitution of India for directing the State of Tamil Nadu to consider the representation dated 20.09.2011 in accordance with Section 48-B of the Land Acquisition Act and grant exemption / reconveyance of land situated in Survey No.344/3 (0.14 cents), Survey No.344/5 (0.27 cents) and in Survey No.337/7B (0.33 cents) in all measuring 0.74 cents in Sholinganallur Village, Saidapet Taluk, Chennai.

(2.) THE petitioner is the owner of land in S.No.337/7B measuring acre 0.33 cents at Sholiganallur Village, Saidapet Taluk, Chennai. The petitioner subsequently, purchased lands falling in S.No.344/3, 344/5 measuring 0.14 and 0.27 cents respectively, vide sale deed dated 29.12.2006. The land was said to be acquired by the Government of Tamil Nadu for the purposes of Sholinganallur Neighborhood, to be implemented through the Tamil Nadu Housing Board.

(3.) IT is submitted, that neither the petitioner nor the vendor of petitioner have received any compensation for the acquired land. It is pleaded by petitioner, that the land in Sholinganallur Village, was acquired by the State of Tamil Nadu in the year 1991 for the Tamil Nadu Housing Board for implementation of the project, which was to be implemented in three phases, i.e. Phase 1, 2 and 3. Several land owners had voluntarily surrendered their vacant land for implementation of the Phase-3 of the project. However, with respect to Phase 1 and 2, the lands being patta lands and many owners having put up their houses, the land owners had challenged the acquisition proceedings, but failed in their attempt.