LAWS(MAD)-2022-4-119

D. GNANAMMAL Vs. STATE OF TAMIL NADU

Decided On April 06, 2022
D. Gnanammal Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ appeal has been filed to assail the judgment dtd. 26/10/2021 dismissing the writ petition for challenge to the order dtd. 23/5/2005.

(2.) It is a case where the respondents had taken steps to acquire the land and, accordingly, after completion of the process given under the Land Acquisition Act, 1894 [for brevity, "the Act of 1894"], the award was passed. The acquisition of land was challenged by the appellants by maintaining a writ petition, but remained unsuccessful. Thus, so far as the acquisition of land is concerned, it attained finality. The appellants filed a reference for enhancement of compensation and the same is pending before the Sub Court. The amount of compensation was deposited in the civil court, as is narrated in the order impugned.

(3.) Learned counsel for the appellants submits that even if the acquisition proceedings had attained finality, they are having right to seek re-conveyance of land under Sec. 48-B of the Act of 1894. The application seeking re-conveyance of land was submitted, but was rejected by order dtd. 23/5/2005 and challenged in the writ petition.