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2003 Supreme(Mad) 773

P.K.MISRA
Chinnayya Gounder & Others – Appellant
Versus
The State of Tamil Nadu & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.S.S. Sundar, Advocate. For the Respondents: 1 & 3: Mrs.N.G. Kalaiselvi, Special Govt. Pleader. 2 :Mr.D. Veerasekaran, Advocate.

Judgment :-

The facts giving rise to the present writ petition are as follows :-

The petitioners are the owners of the properties in S.Nos.313/1, 313/2, 313/3, 313/4, 314/1 & 314/2 measuring 10.24 acres in Kalapatti village. Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as “the Act”) dated 25.2.1994 was published in Gazette on 27.4.1994. Subsequently, declaration under Section 6 was made on 27.6.1995. The acquisition is challenged by raising several grounds, namely (1) declaration under Section 6 of the Act was made beyond the stipulated period of one year (2) notice under Section 5-A has not been served in accordance with Section 45 of the Act (3) there is violation of Rule 3(b) of the Land Acquisition (Tamil Nadu) Rules and report of the requisitioning authority has not been furnished. Apart from these technical grounds, it is also contended that acquisition is contrary to the policy of the Government and even though many of the constructed flats promoted by the Tamil Nadu Housing Board had remained unsold, mechanically without the application of mind, acquisition has been made.

2. Point No.1: There is no dispute that 4(1) notification was pu









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