B.M. PURNACHANDRAN Vs. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE short facts of the case are as follows:

(2.) THE petitioner further submits that the Hon'ble Supreme Court deleted only a small extent of land measuring 1.50 acres as reported in, 1996 (7) SCC page 550. The Hon'ble Supreme Court directed the authorities to demarcate the said land measuring 1.50 acres with specific boundaries. Even this judgment of the Hon'ble Supreme Court was not Honourably and properly respected by the respondents. Hence, he took further legal steps to safeguard his interest. The petitioner further submits that the first respondent is now making hasty steps to give the land in question to the fourth respondent on huge monetary consideration running into hundreds of crores of rupees and hence the respondents are clearing all the bushes with the help of earth moving machines and are making arrangements to put up fence in and around the above said lands, while the possession of the said land is with him till date and possession is not yet taken by the respondents. Hence, the very removal of the bushes and attempt to put up fence is highly illegal and contrary to law and the respondents may hand over the lands in question to any other third parties contrary to the provision of Section 48(B) of the Land Acquisition Act. The petitioner further submits that he has filed this writ petition in -consequence to the earlier writ petition preferred by him in W.P. No. 17867 of 2010, which he has filed for the following prayers: - -

(3.) THE second respondent/Tamil Nadu Housing Board has filed a counter statement and refuted the above writ petition. The second respondent submits that the petitioner herein has filed a similar writ petition No. 19724 of 2005, writ of Mandamus for re -conveyance of the land in Survey Nos. 164/1, 165, 166/2, 167/1B, 167/2, 167/5, 167/6 and 168 at Koyambedu Village and the same is pending with this Court for further proceedings. The other writ petition in W.P. No. 20769 of 2010 for challenging the acquisition proceedings and the same was dismissed by this Court on 24.01.2011. The second respondent further submits that in the above circumstances, the petitioner herein has filed the present writ petition, to declare that the Land Acquisition proceedings initiated by the respondents 2 and 3 with respect to the lands comprised in Survey Nos. 164/1, 165, 166/2, 167/1B, 167/2, 167/6 and 168/2, as notified in the notification SUPPLEMENT TO PART II SECTION 2 OF TAMIL NADU GOVERNMENT GAZETTE, dated 01.10.1975 issue No. 39(A) as published in as declared in SUPPLEMENT TO PART II SECTION 2 OF TAMIL NADU GOVERNMENT GAZETTE issue 302 dated 29.09.1978 is invalid, null and void and will not be binding upon the petitioner. The second respondent further submits that the Tamil Nadu Housing Board has acquired the land in Koyambedu Village for the New Neighbourhood Scheme known as K.K. Nagar Part -II scheme. Accordingly, the notification under Section 4(1) of Land Acquisition Act for an extent of 218.30 Acres in Koyambedu Village was approved by Government vide G.O.R.T. No. 221, Housing Department dated 29.08.1975 and published in Tamil Nadu Government Gazette dated 01.10.1975. Further, the Land Acquisition was processed by Land Acquisition Officer as per the Land Acquisition Act. Subsequently, Award passed and lands taken over by the Land Acquisition Officer and handed over to Chennai Metropolitan Development Authority for locating the peripheral outstation bus terminus by PTC and organizing the Whole -sale market complex as per G.O. Ms. No. 125 dated 20.01.1978. The second respondent further submits that the Chennai Metropolitan Development Authority has paid the compensation amount sum of Rs. 26,45,000/ - vide Cheque Nos. 78 TV 912826 dated 30.03.1979. Therefore, the land has been acquired and handed over to the Chennai Metropolitan Development Authority. Subsequently, Award of compensation had also been paid to the land owners.