GOVERNMENT OF TAMIL NADU Vs. RAJESWARI VENKATESAN

JUDGEMENT

(1.) IN both the appeals common question of law being involved and common order under challenge, they were heard together and are disposed of by this common judgment.

(2.) THE lands of the first respondent (writ petitioner) was acquired pursuant to a proceeding under the Land Acquisition Act, 1894, he having challenged, the writ petition, W.P. No.11039/86 was allowed. THE said judgment was reversed in W.A. No.1247/94, but with certain observations allowing the first respondent to represent before the authority for reconveyance of the acquired lands in her favour. THE application for reconveyance of lands having been rejected on 22nd Feb., 2000, the first respondent challenged the said order by filing the writ petition in question and the same having been allowed, the present appeals have been preferred by the Government of Tamil Nadu and the Tamil Nadu Housing Board (hereinafter referred to as the 'Housing Board').

(3.) ACCORDING to the counsel for the State, the first respondent having constructed a house after publication of notification u/s 4 (1), she was not entitled for reconveyance of the lands in question. The stand of the Housing Board is that as per the scheme framed vide resolution No.67/86 dated 2nd July, 1986, it was permissible to reconvey the lands in favour of the first respondent, but the said resolution having subsequently been withdrawn by resolution No.8.01 dated 29th Aug., 2002, the lands in question cannot be reconveyed in favour of the first respondent.