TAMIL NADU CENTRAL EXCISE AND CUSTOMS EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE four writ petitions are filed by one and the same Co-operative Society. It is claimed that the said Co-operative Society is a house building Society, representing the employees of Central Excise and Customs. The said Society, in these writ petitions, challenges the acquisition proceedings, which has culminated in a final award under Section 6 of the Land Acquisition Act.

(2.) ADMITTEDLY neither the Society nor the members of the Society are the owners of the land, which are sought to be acquired by the State Government from the Tamil Nadu Housing Board for the purpose of metro railway. In these writ petitions, the Housing Board has not been made as a party. Neither Section 4(1) Notification nor Section 6 declaration is also filed before the Court. The impugned order is a notice issued by the Acquisition Officer asking the Society to hand over possession. The petitioner association, by challenging the said notice, which cannot be a substitute for the Notification under Section 4(1) or under Section 6, filed the writ petition.

(3.) THE Government by an order dated 3.1.1989 agreed to exclude the said land on certain conditions. One of the conditions was that the original owners should withdraw the reference made against the acquisition and also the writ petitioners, who have challenged the acquisition, to sell the land to the Society.