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2005 Supreme(Mad) 296

D.MURUGESAN
Sivanandam & Others – Appellant
Versus
The Government of Tamil Nadu & Others – Respondent


Advocates Appeared:For The Petitioners:AR.L. Sundaresan, Advocate. For The Respondents:R1 & 3 M.G.H.Varadarajan, Addl. Govt. Pleader., R2 A.L.Somaiyaji, Addl. Advocate General., R4 K.N. Pandian, Advocate.

Judgment :-

The Government approved the draft Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to "The Act") in G.O. Rt. No.26 Housing and Urban Development Department dated 23.10.1975 to acquire an extent of 513.52 acres of land comprised in various Survey Numbers including the Survey Numbers in question for implementing Ambattur Neighbourhood Scheme. The said Notification was published in the Tamil Nadu Government Gazette dated 12.11.1975. An enquiry under Section 5-A of the Act was conducted after serving notices to the land owners. Subsequently, the Tamil Nadu Housing Board decided to exclude an extent of 81.45 acres. The lands belonging to the petitioners are not covered in the excluded lands. The petitioners participated in 5-A enquiry. Section 6 Declaration was made in the Tamil Nadu Government Gazette dated 10.11.1978. The Award was passed on 30.7.1981. The lands were taken possession by the Tamil Nadu Housing Board on 11.8.1981 and 19.8.1981. The petitioners also received compensation.

2. The petitioners, Sixteen in Number, claiming to be the owner of the lands in S.F.Nos. 331/2, 332 333, 334/1, 334/2 Part of 319, 326/1, 320/2a, 327 to 329 o






















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