TAMIL NADU HOUSING BOARD Vs. SEMBANNA GOUNDER

JUDGEMENT

(1.) MR. N. R. Chandran, learned Senior Counsel appearing for respondents 2 to 4 raised a preliminary objection on the maintainability of the writ appeal. The objection is, by the order impugned in the writ appeal, a learned Single Judge of this Court quashed the declaration issued under Section 6 of the Land Acquisition Act passed by the State Government. The State Government had not challenged that order of the learned Single Judge. Therefore though the intended acquisition is for the benefit of the Tamil Nadu Housing Board, they have no right to challenge the order of the learned Single Judge. We asked Mr. K. Chelladurai, learned counsel appearing for the appellant as to whether the Housing Board has any role to play at any stage before possession of the acquired lands are handed over to the Tamil Nadu Housing Board. Learned counsel fairly stated that the Tamil Nadu Housing Board has no role to play at all and possession was never handed over to the Housing Board and no award was also passed. However learned counsel would submit that since the acquisition is for the benefit of the Tamil Nadu Housing Board, they have a right to file the appeal.

(2.) WE gave our careful consideration to the submissions made by Mr. N. R. Chandran, learned Senior Counsel for respondents 2 to 4 on the maintainability of the writ appeal and the submission made by Mr. K. Chelladurai in meeting those objections. Under the Land Acquisition Act "appropriate Government" is defined under Section 3 (ee) as hereunder:-