EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. S GOVINDARAJ

JUDGEMENT

(1.) These appeals are filed by the Tamil Nadu Housing Board challenging the common order passed by the learned single Judge in W.P.Nos.5748 and 5749 of 1989 dated 1.9.1998. The writ petitions were filed by the land owners challenging the Land Acquisition Proceedings wherein the appellant/Tamil Nadu Housing Board was impleaded as third respondent. The writ petitioners have primarily contended that the mandatory requirements of Rule 3 (b) of the Tamil Nadu Land Acquisition (Tamil Nadu) Rules (hereinafter referred to as the Rules) have not been complied with and as such the enquiry under Section 5-A of the Land Acquisition Act is vitiated and the authorities have not chosen to notify the names of the land owners/petitioners in the notification under Section 4 (1) of the land acquisition Act viz., G.O.Ms.No.165 Housing and Urban Development Department dated 3.2.1986, even though the land owners have purchased the properties in question in the year 1984 and 1985 respectively.

(2.) Per contra, the Government has filed its counter-affidavit and contended that all the formalities required under the Act and Rules were followed and the proceedings are valid and sustainable in law.

(3.) The learned Judge by order dated 1.9.1998 has allowed the writ petition on the ground that Rule-3 (b) of the Tamil Nadu Rules have been violated and as such, the enquiry under Section 5-A has been vitiated since they were not informed the comments of the acquiring body regarding the objections raised by them.