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2006 Supreme(Mad) 1932

A.P.SHAH, D.MURUGESAN
R. Shanmugam & Others – Appellant
Versus
Ammasi Kutty & Another – Respondent


Appearing Advocates: For the Appellants :K. Chandru, Senior Counsel, R.N. Amarnath, Advocate. For the Respondents:R2 R. Vidhuthalai, Advocate General, Veerasekaran, R1 & R3 J. Rajakalifullah, Government Pleader.

Judgment :-

D. Murugesan, J.

These Writ Appeals raise the following points for our consideration.

1. Whether the Government have right to repossess the land acquired and transferred to the Tamil Nadu Housing Board that remains unutilized by the Board for a long number of years in terms of Section 16-B of the Land Acquisition Act 1894?

2. Whether the erstwhile land owners have vested right to seek for re-conveyance of unutilised land under Section 48-B on expressing their willingness to repay the amount that was paid to them under the Act for acquisition of land, inclusive of the amount referred to in Sub-section (1-A) and (2) of Section 23, if any, paid under this Act, and the Government is obligated to accept the request as such?

2. The following are the few facts that led to the controversy before us.

The Tamil Nadu Housing Board (hereinafter referred shortly as "TNHB") forwarded a proposal to the Government for acquiring an extent of 1997.02 acres of patta land for the Kalapatti Neighbourhood Scheme, Coimbatore. Notifications under Section 4(1) of the Land Acquisition Act (hereinafter referred to as "the Central Act), were issued on various dates during the year 1991 in respect of 8




































































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