STATE OF TAMIL NADU REP. BY ITS COMMISSIONER AND SECRETARY TO GOVT., HOUSING AND URBAN DEVELOPMENT DEPTT., FORT ST. GEORGE, MADRAS AND OTHERS Vs. P.V. PAUL RAJ AND OTHERS

JUDGEMENT

(1.) These writ appeals are preferred against the common order dated 9th Oct., 1991 passed by the learned Judge allowing Writ Petition Nos. 8979,8205, 8674, 8965, 8446, 8521, 8683, 7384, 7512, 9104, 8685, 7783, 7867 and 8932 of 1986 and quashing the acquisition proceedings relating to Survey Nos. 22/1B, 22/2, 100/1, 113/4, 113/10A2, 148/3, B1 and 12/2B of Valsaravakkam village, S.No. 89, 153 and 154 of Porur village, 76/1, 2, 3, 4, 5, 6 and 7, 195/3, 216/1, 217/3, 44/2B, 44/2D Valasaravakkam and 84/6 and 84/6A of Thiruvanmiyur village. The learned single Judge has allowed the writ petitions and quashed the acquisition proceedings on the ground that the public purpose mentioned in the notification issued under Sec. 4(1) of the Land Acquisition Act suffered from vagueness. The purpose for which the acquisition was made was for Housing Board Scheme. Similar question arose before the Supreme Court in State of T. N. Vs. L. Krishnan, (1996) 1 SCC 250 , in which it was held that the mentioning of the public purpose as the Housing Board Scheme did not suffer from vagueness and it did not affect the validity of the acquisition proceedings.

(2.) Accordingly, following the said decision of the Supreme Court, the writ appeals are allowed. The order dated 9-10-1991 passed by the learned Judge allowing Writ Petitions Nos. 8979, 8205. 8674, 8955, 8446, 8621, 8683, 7384, 7512, 9104, 8685, 7783, 7867 and 8932 of 1986 is set aside. The writ petitions are dismissed. No costs.

(3.) However, we make it clear that if the writ petitioners satisfy the requirements of Resolution No. 7/86 dated 2-7-1986 passed by the Housing Board it is open to them to make an applications seeking re-conveyance of the lands covered by the buildings. In such an event, the Housing Board shall consider such requests of the writ petitioners and take a decision in terms of Resolution No. 7/86 dated 2-7-1986. Order accordingly.