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2009 Supreme(SC) 1832

TARUN CHATTERJEE, S.S.NIJJAR
R. Kolandaivelu – Appellant
Versus
Govt. of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
V. Krishnamurhty, R. Viduthalai, Sr. Advs., Prashanth P., Ms. Prachi Bajpai, Ms. K. V. Bharathi Upadhyaya, R. Nedumaran, Mrs. Promila, Jegadeesh, Mrs. Indira, S. Thananjayan, Advs., with them for the appearing parties.

JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. The appellants are the owners of lands situated in Salem Taluk No. 151, Ayothiapatnam in the district of Salem, Tamil N adu (herein6fter referred to as “the acquired lands”). A notification under Section 4(1) of the Land Acquisition Act,’ 1894 (in short “the Act”) was issued on 24th of December, 1986 for acquisition of the said lands. A declaration under Section 6 of the Act was issued on 23rd of December, 1987. Two writ petitions being W.P.Nos.835 and 836 of 1988 were filed questioning the validity and legality of the aforesaid notification and the declaration before the High Court of Madras. In the pending writ petitions, on 11th of February, 1988, the following interim order was passed

“Interim stay for four weeks. Notice returnable in four weeks.

The aforesaid two writ petitions finally came up for hearing before a learned Judge of the High Court who by an order dated 23rd of August, 2001 rejected the writ petitions and feeling aggrieved, the appeals were filed before the Division’ Bench which by the impugned order had dismissed the : appeals of the appellants. The appellants, feeling aggrieved, had filed two special leave pet




















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