B.L.HANSARIA, B.P.JEEVAN REDDY, K.RAMASWAMY
State Of T. N. – Appellant
Versus
L. Krishnan – Respondent
( 1 ) THESE appeals are preferred by the State of Tamil Nadu, Tamil Nadu Housing Board and others against the judgment of the Madras High Court allowing a batch of writ petitions and quashing three notifications issued under Section 4 (1) of the Land Acquisition Act, 1894. The three notifications concerned herein are the notifications dated 8/05/197 5/08/1975 and 19/02/1975. The writ petitions have been allowed relying mainly upon the earlier decision of that Court in State of Tamil Nadu v. A. Mohammad Yousef, (1990) 2 Mad LJ 149 (which has since been affirmed by this Court in State of Tamil Nadu v. A. Mohammed Yousef, (1991) 4 SCC 224 : (1992 AIR SCW 1674) and the decision of this Court in Munshi Singh v. Union of India, (1973) 1 SCR 937 : (AIR 1973 SC 1150 ).
( 2 ) THE first and the main ground assigned by the High Court for quashing the said notifications is that the public purpose stated therein is vague and that on the date of issuance of the said notifications, there was not existing any final and effective scheme prepared under the provisions of the Tamil Nadu State Housing Board Act. Two other grounds assigned by the High Court in support to its decision are (i) that there
relied on : Arnold Rodricks v. State of Maharashtra
referred to : Arnold Rodricks v. State of Maharashtra
State of Bombay v. Bhanji Munji
Babu Barkya Thahur v. State of Bombay
Pandit Jhandu Lal v. State of Punjab
Patna Improvement Trust v. Lakshmi Devi
Rabindranath Base v. Union of India
Tilokchand Motichand v. H.B. Munshi
Munshi Singh v. Union of India
explained : Munshi Singh v. Union of India
Aflatoon v. Lt. governor of Delhi
followed : Aflatoon v. Lt. governor of Delhi
followed : Aflatoon v. Lt. governor of Delhi
Pt. Lila Ram v. Union of India
explained and distinguished : State of T.N. v. A. Mohammed Yousef
distinguished : Maharashtra Housing and Area Development Authority v. Gangaram
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.