SELVAMANI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE above writ petition in W. P. No. 19822 of 2004 has been filed praying to issue a writ of mandamus directing the respondents to return back the land in Old Survey No. S. No. 58/1a New S. No. 58/16 Koyambedu Village, Egmore, Nungambakkam Taluk, Chennai in an extent of 4. 13 acres acquired by the respondents belonging to the petitioner as per notification issued in Gazette dated 30. 5. 1990. Writ Petition No. 19823 of 2004 has been filed praying for a similar relief of writ of Mandamus in respect of Old S. No. 58/1a New S. No. 58/16, in the same village measuring an extent of 4. 13 cents under the same Gazette publication.

(2.) IN the affidavit filed in support of the writ petition No. 19822/2004, the petitioner has averred that Old S. No. 58/1a, New Survey No. 58/16, Koyambedu Village, measuring an extent of 4. 13 acres belonged to him and under Gazette Notification dated 30. 5. 1990, the respondents initiated acquisition proceedings and in accordance with the enquiry held under Section 5-A of the Land Acquisition Act on 9. 8. 1990, Award No. 2/13 had been passed by the Land Acquisition Officer and on reference made under Section 18 of the Land Acquisition Act, 1894 the petitioner filed L. A. O. P. No. 6/1994 for enhancement of the award amount. The said L. A. O. P. No. 6 of 1994 was dismissed for default on 23. 8. 1995 and he received the compensation under protest. According to the petitioner, his land located outside the bus terminal has not been utilied by the respondents and has been left as vacant land till date. According to the petitioner, he has no other land and for his family, the said land is absolutely necessary. Hence the above writ petition.

(3.) IN the affidavit filed in support of W. P. No. 19823 of 2004, the petitioner therein has averred that Old Survey No. 58/1, New Survey No. 58/16 measuring an extent of 4. 13 cents had been acquired under Gazette Notification dated 30. 5. 1990; that even though, he made objections in the enquiry held under Section 5-A of the Land Acquisition Act, 1894 overruling his objection, award has been passed on 19. 5. 1993 and he filed L. A. O. P. No. 6/1994 and that was dismissed for default on 23. 8. 1995. According to the petitioner, his land is situated outside the bus terminal and that he does not have any other land and this land is very much required for him. Hence the above writ Petition.