E ARUL RAJKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this Writ Petition claiming the relief through a Will said to have been executed by the erstwhile land owner as early as on 18.12.1995 with respect to a proceedings which was completed in the year 1986-1987 by seeking to consider his representation dated 14.01.2016 to exempt the aforesaid land.

(2.) The Acquisition proceedings have been initiated for the purpose of constructing the house by the respondent Housing Board. The declaration was passed in G.O.Ms.No.608 Housing and Urban Development Department dated 03.08.1984. The land in Survey No.94/1B1 with an extent of 26 cents was registered in the name of one Mr.Sigamani. Notice under Sections 9 & 10 of the Land Acquisition Act was issued on 12.09.1986 followed by an award in Award No.11/86-87 dated 19.09.1986 in which Sigamani appeared. The Award was passed and an amount of Rs.12,050,60 was deposited on the file of the Sub Court Sections 30 and 31 of the Land Acquisition Act in L.A.O.P.No.155 of 1988. The possession is said to have taken over on 23.09.1986. Patta was transferred in the name of Housing Board in Patta No.446 by the Revenue Department. The layout is stated to be under preparation for implementation of Ayyamperumalpatti Housing Board.

(3.) It appears that Writ Petitions have been filed by the Cooperative Society, on behalf of its members challenging the acquisition proceedings. Those writ petitions were allowed in W.P.No.33881 of 2013 dated 29.01.2014 and W.P.No.5023 of 1986 dated 18.03.1996. They had been allowed on the premise that there cannot be any substitution of public interest which was in existence at the time of acquisition as the members of the society were also intending to put up construction for the respective houses.