CHAIRMAN AND MANAGING DIRECTOR Vs. SAKUNTHALA CHODHARY

JUDGEMENT

(1.) THE questions raised in these Writ Appeals filed by the Tamil Nadu Housing Board are common and hence, they are disposed of by this Common Judgment.

(2.) THE appellant, Tamil Nadu Housing Board, formulated a Scheme for extension of K.K. Nagar(Nerkundram),Chennai in an extent of 460 acres of land. On the basis of the proposal from the Tamil Nadu Housing Board, the Government of Tamil Nadu issued Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act") G.O.Rt. No.124 Housing dated 8.5.1975 and published the same in the Government Gazette dated 11.6.1975. 6 Declaration under Section 6 of the Act was published on 9.6.1978. Some of the land owners by name P.Vijayakumar, P.C.Sekar @ P.Chandrasekara Pandan,P.Palanivelu questioned the Notification under Section 4(1) and declaration under Section 6 and obtained interim stay of all further proceedings by order dated 3.4.1981 in W.P.No.1807 of 1981. THE said Writ Petition was dismissed for default on 19.2.1991. By the dismissal of the Writ Petition, interim stay granted on 3.4.1981 stood vacated. THEreafter, an enquiry was conducted under Section 9 and 10 of the Act on 21.8.1991 and 6.9.1991. THE abovenamed land owners filed Review Petition No.21 of 1991 on 17.9.1991 and the said petition was allowed on 27.9.1991 and the Writ Petition was restored to file. THEreafter, the Writ Petition itself was allowed on 29.10.1991 and the Notification under Section 4(1) was quashed. Questioning the above, the State Government filed an appeal before the Supreme Court in SLP (Civil) No.18316/1992 and the said SLP was allowed on 1.11.1995 upholding the Notification. In view of the order of the Supreme Court, based on the enquiry already conducted, common award was passed on 31.10.1997.

(3.) BASED on the pleadings and the rival contentions, we are called upon to decide the following points: