M. POORNACHANDRAN 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 thereafter his brother and himself made enquiries about the acquisition proceedings and they came to know that pursuant to Section 4(1) notification in G.O. Rt. No. 221, Housing, dated 29.08.1975 which was published in the Government Gazette on 01.10.1975, acquisition proceedings were initiated for the public purpose of developing "Kalaignar Karunanidhi Nagar Part -II Housing Scheme" by the second respondent and Section 6 declaration was issued in G.O. Ms. No. 1381, Housing and Urban Development dated 28.09.1978 and award was passed on 29.01.1983. The entire acquisition proceedings stood in the name of his grandmother, who died as early as 24.02.1972 and at no point of time, notice was ever issued to her either for section 5 -A enquiry or for award enquiry. He further submits that as the entire acquisition proceedings in respect of lands belonging to himself and his brother are in the name of a dead person and the authorities concerned did not follow the statutory requirements in accordance with law in the matter of acquisition of the land in question, himself and his brother were compelled to file a writ petition in W.P. No. 6169 of 1983 before this Court challenging the entire acquisition proceedings and pointing out several legal infirmities in the conduct of enquiry, which could not cure the defects and the said writ petition came up for final disposal on 12.11.1984 and at that time, it was found that a batch of writ petitions like the one filed by himself and his brother were to be heard by a Division Bench of this Court and accordingly his writ petition also came to be listed before a Division Bench. Accordingly, his writ petition was allowed by a judgment dated 22.04.1991 following the judgment of this Court in a batch of cases viz. W.P. No. 10351 of 1982 etc. dated 08.01.1988 on the ground that the Government of Tamil Nadu have excluded from acquiring the lands wherever sanction was obtained from the Deputy Director of Town Planning and Villivakkam Panchayat and that the lay out should be on the fringe of the scheme area without affecting the scheme. The said Judgment, however, was reversed by the Hon'ble Supreme Court of India by judgment dated 17.01.1996 in C.A. No. 19887 of 1992 but, however, excluding 1.50 acres of land in a continuous place towards the north east from the acquisition proceedings.

(3.) THE petitioner further submits that since there was inaction on the part of the first respondent herein and its subordinate officers in granting relief to his brother and himself, he approached the lawyer at New Delhi and through whom, he came to know that the judgment dated 17.01.1996 rendered in his case and batch of cases was sought to be modified and by order dated 18.08.2000, the Hon'ble Supreme Court of India permitted the counsel to withdraw the applications seeking for modification of the order. Thereafter, his brother and himself have moved the Hon'ble Supreme Court of India in W.P. No. 15833 of 2002 praying for the issue of a writ of mandamus directing the respondent to close the acquisition proceedings or alternatively grant market value of the lands in question as on the date of such payment of compensation. But, however, by an order dated 30.09.2002, the said writ petition came to be dismissed as withdrawn with liberty to file appropriate petition before this Court. Before approaching this Court, his brother and himself gave a representation on 14.11.2002 to the respondent herein praying for exclusion of lands belonging to him in accordance with the provisions of Section 48 and 48 -B of the Land Acquisition Act. Though the first respondent herein has acknowledged receipt of the said representation on 21.11.2002, till date, no orders have been passed and communicated to him nor compensation being paid to him.