PARAMESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The action of the 2nd respondent in alienating the property by means of sale to the 5th respondent on the basis of the approval granted by the 1st respondent citing the said sale as being for public purpose is put in issue before this Court through the present petition.

(2.) It is the averment of the petitioner that the property comprised in S. No.102/2 to an extent of 0.94 cents at No.140, Thiruvanmiyur Village was allotted to the ancestors of the petitioner through a family partition, which thereafter devolved on the petitioner in and by which she was entitled to 1/5th share.

(3.) It is the further averment of the petitioner that the Tamil Nadu Housing Board (for short 'the Board') sought acquisition of an area of 96.92 acres of land comprised in various survey numbers for the purpose of developing the Besant Nagar Phase II Scheme and, accordingly, G.O. Ms. No.1096 dtd. 17/7/1978 was issued u/s 4 (1) of the Land Acquisition Act, 1894, which was published in the official gazette on 9/8/1978, in which the lands in S. No.102/2 was included in Schedule I of the notification.