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2003 Supreme(Mad) 1927

V.S.SIRPURKAR, N.KANNADASAN
The Executive Engineer and Administrative Officer – Appellant
Versus
S. Govindaraj & Another – Respondent


Advocates Appeared:For The Petitioner:D.Veerasekaran, Advocate. For The Respondents:R1 V.Raghavachari, Advocate, R2&3 D.Krishnakumar, Special Govt. Pleader. Assisted by R.Vijayakumar, Govt. Advocate.

Judgment :-

N. Kannadasan, J.

These appeals are filed by the Tamil Nadu Housing Board challenging the common order passed by the learned single Judge in W.P.Nos.5748 and 5749 of 1989 dated 1.9.1998. The writ petitions were filed by the land owners challenging the Land Acquisition Proceedings wherein the appellant/Tamil Nadu Housing Board was impleaded as third respondent. The writ petitioners have primarily contended that the mandatory requirements of Rule 3 (b) of the Tamil Nadu Land Acquisition (Tamil Nadu) Rules (hereinafter referred to as the Rules) have not been complied with and as such the enquiry under Section 5-A of the Land Acquisition Act is vitiated and the authorities have not chosen to notify the names of the land owners/petitioners in the notification under Section 4 (1) of the land acquisition Act viz., G.O.Ms.No.165 Housing and Urban Development Department dated 3.2.1986, even though the land owners have purchased the properties in question in the year 1984 and 1985 respectively.

2. Per contra, the Government has filed its counter-affidavit and contended that all the formalities required under the Act and Rules were followed and the proceedings are valid and sustaina






















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