TAMIL NADU HOUSING BOARD Vs. G.K. VIJAYAKUMAR

JUDGEMENT

(1.) THESE appeals are directed against the common order of the learned single Judge dated 08.10.1991, allowing the writ petitions filed by the aggrieved land owners, assailing the Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in respect of their lands, at the instance of the Tamil Nadu State Housing Board.

(2.) A perusal of the impugned order shows that while there were various grounds urged in the writ petitions for assailing the impugned Notification, the learned single Judge in paragraph 2 of the impugned order has opined that the petitions could be disposed of on a short point, i.e. that the public purpose specified in the Notification suffers from the vice of vagueness and does not contain material particulars with sufficient clarity so as to enable the petitioners therein to make effective objections in an enquiry under Section 5 -A of the said Act. It is not disputed by the learned counsel for the respondents that the ground on which the impugned order has been passed is no more available to the respondents in view of the judgment of the Honourable Supreme Court in State of Tamil Nadu and Others vs. L. Krishnan and Others [ : (1996) 1 SCC 250] holding that non specification of the use does not invalidate the Notification. Thus, the impugned order predicated on that sole reasoning cannot be sustained and is consequently set aside.

(3.) THE difficulty is that the other grounds urged by the petitioners in the petitions having not been dealt with by the learned single Judge and thus, would require adjudication, for which the matter would have to be remitted back to the learned single Judge, as we have no decision on those issues and there is also the question of right to appeal of the parties against any decision to be rendered by the learned single Judge.