SRINIVASAMURTHY MANDIRAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was formerly the owner of the lands comprised in S.No.50 (Part) and 40 (Part) and S.No.39 at Mambalam Village, Guindy Taluk, Chennai. THE Government of Tamil Nadu issued a notification under Section 3(1) of the Tamil Nadu Slum Areas (Improvement and Clearance) Act 1971 (herein after called as 'slum Clearance Act) declaring the above lands as slum area" Vide G.O. Ms. No. 787, Housing dated 14.7.1975. THEreafter, the government issued a notification under Section 17(1) of the Act to acquire the said land as per G.O.Ms.No.224, Housing and Urban Development dated 1.4.1981. THE petitioner did not raise any objection and as a matter of fact, with his consent, possession was also taken over. Thus, as per Section 18 of the said Act, the land stood vested with the Government with effect from 1.4.1981. However, compensation amount payable to the petitioner was not determined as required under Section 20 of the Act.

(2.) AN award enquiry was conducted on 4.6.1981, in which the petitioner demanded a sum of Rs.25,000/- per ground. When the proceeding was still unconclusive, in W.P.No.1485 of 1979, this Court struck down Chapter VI of the Slum Clearance Act by order dated 25.3.1985. In the meanwhile, the petitioner had filed a writ petition in W.P.No.4905 of 1982 for a direction to determine the compensation payable to the petitioner. After the order of this Court dated 25.3.1983 in W.P.No.1485 of 1979, this Court took a note of the said fact and ultimately in W.P.No.4905 of 1982 directed as follows:

(3.) IN view of the order of this Court striking down the provisions of Slum Clearance Act and in view of the direction of the Division Bench as extracted above fresh acquisition proceedings were limited under the Land Acquisition Act and a notification under Section 4(1) of the Act was issued on 6.7.1993 in G.O. Ms. 527 Housing and Urban Development Department and the same was published on 28.7.1993. Consequential notice was published by the Special Deputy Collector (Land Acquisition) on 13.8.1993. Notice under Section 6(1) of the Land Acquisition Act was issued in G.O. Ms.549 Housing and Urban Development Department on 16.8.1994. But no award of compensation was made under the Land Acquisition Act.