T N RAJASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) S.Palanivelu

(2.) THE appellant herein has filed W.P.No.81 of 1991 for a Writ of Certiorari to call for the records in G.O.Rt.No.124, Housing Department, dated 8.5.1975 published in the Tamil Nadu Gazette on 11.6.1975 on the file of the first respondent and quash the notification issued under Section 4(1) of the Land Acquisition Act relating to the property in S.Nos.36,37,38,39, 53/1A, 53/1B, 53/2 and 54 measuring 1.90 acres from and out of the total extent of 6.94 acres in Nerkundram village, Saidapet Taluk, Chingleput District. Since the said writ petition was dismissed by the learned single Judge, this Writ Appeal has been preferred.

(3.) PURSUANT to the said judgment of the Division Bench, notices for enquiry under Section 5-A were issued in the year 1989 and the appellant put forth his objections, stating that though the Government, in its letter dated 27.05.1982, decided to withdraw the lands from acquisition to an extent of 5.24 acres in the above said survey numbers, at the instance of certain purchasers of the plots, the said land was not excluded and a fresh declaration under Section 6 was issued in the year 1990 and an award passed; the compensation assessed on the strength of market value was paltry; after disposal of the above writ petition, the respondents had not taken any steps pursuant to the notification under Section 4 (1); the declaration under Section 6 of the Act ought to have been made within one year as per the amendment Act 68 of 1984 and hence the petitioner has prayed for the relief extracted supra.