V S BABU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ appeal is directed against the order of the learned single Judge dated 07. 12. 2001 made in WP. No. 24069 of 2001, in and by which the learned Judge, based on the conclusion of the Government that the land is required for public purpose and in such an event the Court cannot compel the Government to exempt the land, dismissed the writ petition.

(2.) HEARD Mr. S. Packiaraj, learned counsel for the petitioner and Mr. P. Wilson, learned counsel for the first respondent as well as Mr. D. Veerasekaran, learned counsel for respondents 2 and 3.

(3.) IT is not in dispute that their earlier writ petitions questioning the acquisition proceedings were dismissed by this Court and on direction by this Court, the appellants made a representation to the Government, praying for exemption from the purview of the acquisition. The Government, after getting report from the Requisitioning Body, viz. , Tamil Nadu Housing Board, in their letter dated 24. 01. 2001, has intimated the petitioners that the land of the petitioners are required for implementation of the Housing Scheme by the Tamil Nadu Housing Board, after getting such report and considering the grievance of the petitioner, the Government rejected the request of the petitioner. Learned Judge, taking note of the decision of the Government and of the fact that the land of the petitioners are in need for implementation of the Scheme by the Tamil Nadu Housing Board, dismissed the writ petition. Inasmuch as the land is required for implementation of public purpose, as rightly observed by the learned Judge, the Court cannot compel the Government to exempt the lands. No doubt, the learned counsel for the petitioners / appellants argued that the Government exempted the lands of certain persons and the same standard has to be adopted in their case also. In the letter dated 25. 07. 2001, this aspect was considered by the Government and it further shows that since in those cases the land owners have constructed houses prior to issuance of Section 4 (1) notification, certain lands have been exempted.