AGALAYA BHAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN the above writ petition, the petitioner has prayed for the issue of writ of Certiorari, calling for the records relating to the g. O. Ms. No. 956 Housing Department dated 7. 6. 1978 published in the Tamil Nadu government Gazette dated 9. 6. 1978 insofar as it relates to Plot No. 13, bharathi Nagar, 101, Valasaravakkam Village, Saidapet Taluk, Chingleput district and quash the same.

(2.) IN the said Government Order dated 7. 6. 1978 which is being impugned in the above writ petition, the first respondent, by exercising his power under Section 6 of the Land Acquisition Act, hereinafter referred to as the Act, declared that the petitioner's land described above was needed for a public purpose for the New Ramapuram neighbourhood Scheme. The admitted facts of the case are that the Government passed a G. O. Rt. No. 136, Housing dated 14. 5. 1975 under Section 4 (1) of the land Acquisition Act, proposing to acquire the land for an extent of 248. 18 acres in the Valasaravakkam Village for the New Ramapuram Neighbourhood Scheme. An enquiry under Section 5-A of the act was conducted on 29. 11. 1975 after observing the usual formalities and thereafter, a Declaration under Section 6 of the Act was passed by G. O. Ms. No. 956, Housing Department, dated 7. 6. 1978, which is being impugned in the above writ petition. After serving the notices to the individuals as contemplated under section 9 (3) and 10 of the Act, an award enquiry was conducted on 21. 7. 1986. 22. 7. 1986, 23. 7. 1986, 28. 7. 1987 and 19. 9. 1986.

(3.) AFTER anxious consideration of the contentions of both sides, I am obliged to direct the respondents to exclude the impugned land of the petitioners from the acquisition proceedings on the request of the petitioner for reconveyance of the land, which may be made by the petitioner within 30 days from the date of receipt of this order, if the petitioner satisfies the conditions laid down by the Resolution No. 67 of 1986 of the housing Board. The Writ Petition is ordered accordingly. However, no costs. .