P GOPALAKRISHNAN Vs. STATE OF TAMIL NADU, REP BY ITS COMMISSIONER AND SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT; MANAGING DIRECTOR, TAMIL NADU HOUSING BOARD AND SPECIAL TAHSILDAR (LAND ACQUISITION) TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The above writ appeal is filed against the common order of the learned single judge dated 09.10.2001 made in W.P. No. 17186 of 1999.

(2.) Heard the learned Counsel appearing for the appellants as well as the Additional Government Pleader for the respondents.

(3.) The main challenge with regard to the acquisition proceedings was that the award passed is not within the prescribed period of two years. The particulars furnished show that the very same appellants filed writ petition viz., WP No. 3902 of 1988 and obtained interim stay on 07.04.1998. The said writ petition was disposed of on 16.07.1 998. It is the case of the appellants that after the said disposal, the authority should have passed the award within a period of two years. The appellants are concerned with the land in Survey Nos. TS. 1 6/4 , 16/5 and 16/6, Puliyur village, Egmore, Nungambakkam Taluk, Madras. It is further seen that it is not in dispute that the publication of declaration under Section 6 of the Tamil Nadu Land Acquisition Act (hereinafter referred to as "the Act") was made on 15.04.1985 and Award No. 1/98 has been passed on 09.03.1998, Award No. 2/98 has been passed on 10.09.1998 and Award No. 1/99 has been passed on 18.05.1999. The earlier first Writ Petition No. 3902 of 1988 was admitted and stay was granted on 07.04.1988 and finally the writ petition was dismissed on 16.07.1998. As rightly observed and noted by the learned single Judge, if the period during which the stay was in force is taken into consideration, Award No. 1/99, which we are concerned with in this appeal, has been passed on 18.05.1999, which is well within the time. All these details, particularly, the various dates have been culled out from the records and after satisfying himself, the learned single Judge found that the award passed in Award No/1/99 is well within time. We have also verified and considered all those details. We are in agreement with the said conclusion.