STATE OF TAMIL NADU Vs. R DURAPATHI

JUDGEMENT

(1.) AGGRIEVED by the order passed by the learned single Judge of this Court, quashing the land acquisition proceedings, the respondents 1 and 2 in the writ petition, have come forward to file this appeal.

(2.) ORIGINALLY, the respondents 1 to 3 herein have filed two writ petitions, one in W.P.No,7676 of 2000, challenging the land acquisition proceedings initiated by the appellants herein and the second one in W.P.No,3253 of 2001 praying for a Writ of Mandamus, directing the respondents therein/appellants and the fourth respondent herein to exempt the lands in S.No.198/1A,1B in an extent of 10 cents at Koyambedu village, Egmore-Nungambakkam Taluk, Chennai from the land acquisition proceedings, as it is meant only for the shelter of the writ petitioners and as done in the case of the adjacent land owners in pursuance to the proceedings in No.K1/10730/95, dated 24.7.1996. The learned single Judge, after assessing the case, has allowed W.P.No,7676 of 2000, thereby quashing the land acquisition proceedings on the ground that there is no proper publication of the Section 4(1) notification. In view of the quashing of the land acquisition proceedings, the learned Judge has closed the second writ petition in W.P.No,3253 of 2001 as unnecessary. Aggrieved by the order passed by the learned single Judge, the respondents 1 and 2 therein have come forward to prefer this appeal.

(3.) BASED on the request of the Chennai Metropolitan Development Authority (CMDA in short) to acquire the land for their perishable wholesale market complex at Koyambedu to decongest the Central Business District of George Town area and also traffic congestion, the appellants/Government have initiated the land acquisition proceedings.