GOVERNMENT OF TAMIL NADU REP BY COMMISSIONER AND SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND THE SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) TAMIL NADU HOUSING BOARD Vs. P MOHAN AND V JAGANNATHAN

JUDGEMENT

(1.) The above writ appeals have been filed against the common order of the learned single Judge dated 02.08.1996 in and by which the learned Judge quashed the acquisition proceedings and remitted the matter to the Special Deputy Collector (LA), Tamil Nadu Housing Board, Madras-83, for fresh disposal according to law and after giving opportunity to the writ petitioners.

(2.) Heard the learned Additional Government Pleader for appellants and the learned Counsel for the respondent in Writ Appeal No. 2087 of 2 003.

(3.) The learned Additional Government Pleader appearing for the appellants has brought to our notice that in the absence of pointing out violation of mandatory provisions of the Land Acquisition Act or Rules, the learned single Judge committed an error in allowing both the writ petitions merely stating that "the mandatory provisions laid under the Act have not been complied with by the second respondent." He also submitted that the details furnished in the counter affidavit amply show that all the provisions of the Act, including the notice under Rule 3 and 10 of the Act have been served on the land owner and the same have been complied with. According to the learned Additional Government Pleader, the learned Judge has not adverted to the details furnished in the counter affidavit and there is no case warranting quashing the acquisition proceedings and remitted the matter to the Special Deputy Collector (LA). On the other hand learned Counsel appearing for the respondent / writ petitioner in W.A. No. 2087 of 2003, supported the order of the learned Judge.