IMPORTANT POINT
Writ petition can be refused on the ground of inordinate and unexplained delay.

JUDGMENT

D.K. Jain, J. —

1. This appeal arises out of the judgment and order dated 18th April 2001, delivered by a Division Bench of the High Court of Judicature at Madras, affirming the judgment of a Single Judge of the High Court in W.P. No. 108 of 1998, setting aside Notification G.O.M. No.311 Housing and Urban Development Department dated 17th February 1979, published in the Tamil Nadu Gazette dated 7th March 1979, being a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act) relating to lands of the respondents comprised in Survey No. 12/2 and 12/3 in Ponmeni village, Madurai.

2. Respondent Nos.1 to 17 are contesting land owners, and are represented by respondent No.17 whereas respondent Nos.18 and 19 are the proforma respondents, viz. the State of Tamil of Nadu and the Special Tehsildar, Ellis Nagar Development Scheme.

3. The material facts, giving rise to the present appeal, may be stated thus:

The Government of Tamil Nadu, vide G.O.M. No.1358 Housing and Urban Development Department dated 20th September 1978, approved several schemes for providing housing facilities to people of low income group for which purpose acquisition of lands was necessary. One of such schemes was the Ellis Nagar Development Scheme, Madurai, for which about 220 acres of lands in West Madurai, Ponmein, and Madakulam villages was proposed to be acquired.

4. On 17th February 1979, the Government in their G.O.M. No. 311 Housing and Urban Development Department approved the notification under Section 4(1) of the Act. As stated above, the said notification was published in the official gazette on 7th March 1979.

5. After the publication of the afore-mentioned notification, enquiry under Section 5A of the Act was conducted, and thereafter, a declaration in terms of Section 6 of the Act was made and requisite direction under Section 7 of the Act was issued by the Government as per G.O.M. No.735 Housing and Urban Development Department dated 2nd June 1980.

6. On 15th March 1982, notices under Section 9(1) and 10 of the Act were Issued. Notices under Section 9(3) and 10 of the Act were served on the owners of the lands and the interested persons. Enquiry, as envisaged under Section 11 of the Act, was conducted on 16th April 1982, 20th April 1982, 21st April 1982 and 22nd April 1982. Land owners of the land, subject matter in this appeal, were represented by their authorised agent, one Mr. A.R. Rathinam Chettiar.

7. The Award in relation to the said lands was made on 28th April 1982, and the compensation was awarded to O.M.SP.L.M. Meyyappa Chettiar, Subramanian Chettiar, Arunachalam Chettiar, Alagappa Chettiar and Lakshmanan Chettiar. According to the appellant, after taking possession of the lands in question, on 4th December 1982, these were handed over to the Tamil Nadu Housing Board, which fact is now disputed by the contesting respondents. The matter rested there.

8. However, in December 1997, respondents Nos.1 - 17 herein preferred a writ petition being W.P. No. 108 of 1998 before the High Court of Madras, challenging the acquisition of their lands, which was contested by the appellant. One of the objections in the counter affidavit filed on behalf of the appellant in this appeal was as follows:

“It is submitted that the possession of the lands in action has been taken over and handed over to Tamil Nadu Housing Board on 4.12.82 among other lands acquired for using them to scheme purpose. After a lapse of 15 years the writ petition has been filed against the acquisition and the same is bad on the ground of “Laches” (sic). The Land is in possession and enjoyment of the Tamil Nadu Housing Board since the date of handing over on 4.12.82. Taking undue advantage of the interim injunction, the writ petitioners (sic) are trying to convert the lands into the house sites flats by planting stones and forming mud roads illegally (sic).”

9. Ignoring the said objection to the maintainability of the writ petition, vide order dated