THIRUMALAI GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is at the stage of notice of motion and it is taken up for final hearing with the consent of counsel appearing on either side.

(2.) THE writ petitioner has prayed for the issue of a writ of certiorari calling for the records of the respondents relating to G.O.Ms.No.490, Housing and Urban Development Department dated 12.11.1996 in issuing Section 4(1) Notification published in the Government Gazette dated 11.12.1996 and G.O.Ms.No:126, Housing and Urban Development, dated 20.4.1998 in issuing a Declaration under section 6 of THE Land Acquisition Act published in Government Gazette dated 21.4.1998 in respect of the petitioners' land comprised in Survey Nos347/12 and 347/13 in Tiruchengode Village and Taluk, Namakkal District and quash the entire acquisition proceedings.

(3.) THE petitioners are the owners of 3.59 acres of land comprised in S.Nos.347/1,2,3,10 and 11 which were excluded from acquisition, which was notified in G.O.Ms.No.1103, Housing and Urban Development Department, dated 16.12.1982 as well as Section 6 draft Declaration issued in G.O.Ms.No:1455, Housing and Urban Development Department, dated 30.12.1985. Out of the said 3.59 acres only 0.34 acres of land is covered in the present acquisition. It is true that the petitioners on the earlier occasion filed W.P.NO.4878 of 1986, and W.P.Nos:6996 of 1989 and 7020 of 1989 filed by other land owners. THErefore the award could not be passed. Subsequently 3.59 acres was excluded. Hence, the writ petition No:4878 of 1982 and 6996 of 1989 were withdrawn. Once again, the 4th respondent moved the State Government for acquisition of S.O.No:347/12 measuring 0.14 acres and S.No:347/13 measuring 0.20 acres as the same is essentially required for the Housing scheme by the Housing Board and without which the Scheme could not be completed. It is contended that there is no illegality in the Section 4(1) Notification issued and Section 6 Declaration made. Section 5 A Enquiry conducted properly and proceedings were served upto the stage of award and deposit of compensation with Civil Court.