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1991 Supreme(SC) 368

J.S.VERMA, L.M.SHARMA
State Of T. N. – Appellant
Versus
A. Muhammed Yousef – Respondent


Advocates:
G.RAMASVAMY, K.PARASARAN ATTORNEY, K.R.CHOUDHARY, Manjula Gupta, R.AYYAM PERUMAL, R.MOHAN, SURUCHI AGARWAL, T.V.S.N.Chari, V.KRISHNAMURTHY

JUDGMENT

SHARMA, J.:- The respondents have successfully challenged a notification under S. 4 of the Land Acquisition Act, 1894 opposing to acquire their land before the Madras High Court. Their writ petition was allowed by a learned Single Judge and on appeal the order was confirmed by Division Bench. The State of Tamil Nadu has challenged the decision by the present Special Leave Petition.

2. The acquisition proceeding, which is the subject matter of present case, was started for obtaining land for construction of houses by the Tamil Nadu Housing Board, constituted under S. 3 of the Madras State Housing Board Act, 1961 (Madras Act No. 17 of 1961) (hereinafter referred to as the Housing Board Act), and this was mentioned in the impugned notification. The High Court has held that the public purpose mentioned in the notification was too vague in absence of details relating to the scheme for which the acquisition is sought to be made, and consequently the land owners cannot effectively avail of the benefits under S. 5A of the Land Acquisition Act by filing their objection. The learned Attorney-General, appearing for the petitioner State, has contended that the notification has adequatel


















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