TAMIL NADU HOUSING BOARD Vs. M KIRUBAKARAN

JUDGEMENT

(1.) AN extent of 96.92 acres of land was notified for acquisition under Section 4(1) of the Land Acquisition Act vide G.O.Ms.No.1096, Housing & Urban Development Department dated 17.7.78 for the formation of Besant Nagar Extension Phase-II Scheme. The proposed land was conveniently divided into five blocks. After the conduct of Section 5-A enquiry, Section 6 declaration was made and ultimately an award was passed. The land belonging to the respondents 1 to 11 in an extent of 0.77 acres registered in the name of one Thiru K.Munusamy was also notified and ultimately an award was passed in respect of the said land also. The possession of the land was also taken and was handed over to the Tamil Nadu Housing Board on 30.10.86 for the purpose of the proposed housing scheme. There is no dispute that the acquisition proceedings have become final.

(2.) WE are concerned only with an extent of 0.77 acres in Survey No.87/1 belonging to the respondents 1 to 11. It appears that some of the lands acquired under the same scheme were re-conveyed on the applications being filed under Section 48-B of the Act. However, when a similar application was made by the respondents 1 to 11, the same was rejected by the order dated 13.12.2005. The said order was put in issue in the writ petition and the writ petition came to be disposed of after quashing the impugned order and remitting the matter back to the Government to consider the application filed by the respondents 1 to 11 and to pass orders after giving opportunity to them. That order came to be passed on the specific grievance of the respondents that except the land of the respondents, the other lands were re-conveyed to the respective land owners.

(3.) THE writ appeal raises the following two issues:(i) In an application under Section 48-B, whether the Government is bound to re-convey the unutilized land to the land owner as a matter of right or not?(ii) Whether the exemption granted in favour of some of the land owners would automatically enure the other land owners as well to claim such benefit?.