S GOVINDARAJAN Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The Government of Tamil Nadu, after acquiring 76.5 cents of land owned by the predecessor-in-interest of the appellants along with 26.10 acres of adjacent land, excluded the entire 26.10 acres of land from acquisition after the issuance of declaration under Section 6 of the Land Acquisition Act and passed an award in respect of the 76.5 cents of land in Survey No.87/2A of Thiruvanmiyur Village, along with another land for a housing scheme floated by the Tamil Nadu Housing Board. The learned Single Judge while directing the respondents to consider the representation submitted by the appellants for release of the land from acquisition, restrained the State and the Tamil Nadu Housing Board from taking possession till a decision is taken in the matter. The appellants have come up with the intra court appeals on the ground that the entire land acquisition lapsed in view of satisfying the twin conditions of Sub Section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The contention is fortified by the fact that there is nothing on record to show that possession was taken by the Land Acquisition Officer from the landowners either before or after the disposal of the Writ Petitions in W.P.Nos.24436 to 24439 of 2010 on 25 April 2013.

(2.) The Government of Tamil Nadu pursuant to the request made by Tamil Nadu Housing Board, acquired 96.92 acres of land as per section 4(1) notification issued on 17 July 1978. The declaration under Section 6 of the Act was issued on 6 August 1981. The Government excluded 26.10 acres of land from acquisition. The land owned by the predecessor-in-interest of the appellants and others in S.No.87/2A, measuring 82 cents was part of the land acquired. The Government proceeded to complete the acquisition in respect of 76.5 cents, leaving 5.5 cents. The award was passed on 23 September 1986.

(3.) The land acquisition proceedings were quashed by the writ court in W.P.No.12500/1986 and 10094/1986 by order dated 11 October 1999. However, the order was set aside in W.A.No.644 of 1995.