(1.) The short facts of the case are as follows:-
(2.) The petitioner further stated that originally the entire land was an extent of 1.29 acres as comprised in Survey No.59/3, Block No.6, Koyambedu Village. The erstwhile owner of the entire extent of 1.29 acres in Survey No.59/3 was one N.Manicka Naickar and N.Kuppan. Section 4(1) notification was issued by the first respondent in G.O.Ms.No.105, Housing dated 21.04.1975 and Section 6 declaration was also issued by the first respondent in G.O.Ms.No.974, Housing, dated 11.05.1978, referred to in Survey No.59/3, owned by the said Manicka Naickar, with an extent of 1.29 acres in Koyambedu Village. The 4(1) notification was published in the Tamil Nadu Government Gazette on 21.05.1975 and the declaration under Section 6 of the Land Acquisition Act was published in the Tamil Nadu Gazette on 15.05.1978 in respect of his land. But the Government, by a Memo, seems to have, at the instance of the third respondent herein, challenged the parties for which the land was sought to be acquired under Section 4(1) notification and have decided to proceed further with the acquisition for the benefit of locating a Truck Terminal for the third respondent, who is a different requisition authority. Hence, the said original owner, V.Manicka Naickar had filed a writ petition in W.P.No.1570 of 1983, before this Court, challenging the land acquisition proceedings. This Court, by its order dated 08.01.1988, was pleased to quash the declaration under Section 6 of the Land Acquisition Act, giving opportunity to the petitioner to prove his ownership in the enquiry to be held under Section 5(a) of the said Act. He further stated that after the disposal of the writ petition in W.P.No.1570 of 1983, by this Court, the respondents did not take any steps to issue a fresh declaration under Section 6 of the Act, in the place of 6 declaration, which was earlier quashed.
(3.) The writ petitioner further stated that nothing precluded the respondents from issuing such a fresh declaration under Section 6 of the Act, if the lands were really needed for public purpose mentioned in Section 4(1) Notification, viz., "Mid West Madras Neighbourhood Land Development Scheme". It was under those circumstances that the petitioner purchased the lands in question for valued consideration under a registered sale deed on the bona-fide impression that no further proceedings would be initiated by the respondents and moreover, in the fond hope that the respondents lethargic attitude also resulted in lapsing of Section 4(1) Notification, dated 21.05.1975 in view of the statutory provisions contained under Section 6 of the Land Acquisition Act. Since the respondents allowed the matter to drift indefinitely, the petitioner was under the impression that no further proceedings would be initiated. It was under those circumstances that the petitioner filed writ petition in W.M.P.No.21013 of 1991, before this Court i.e., after a period of three years, since he purchased the lands and also after the earlier Section 6 declaration was quashed by this Court, praying to issue a writ of declaration, declaring Section 4(1) Notification issued vide G.O.Ms.No.105, Housing, dated 21.04.1975, in respect of his lands in Survey No.59/7, an extent of 0.05 3/4 acres, Survey No.59/5, an extent of 0.11 acres and in Survey No.59/10, an extent of 0.05 3/4 acres, in Koyambedu Village, as no longer operative and quashed. The petitioner further stated that along with him, 5 other adjacent owners of the lands in the same Survey Numbers also filed similar writ petitions and by a common interim order dated 04.10.1991, this Court, in W.M.P.No.21008 to 21013 of 1991 in W.P.No.13957 to 13962 of 1991, passed orders staying the dispossession alone of the petitioners from the lands and allowed other proceedings to go on.