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2006 Supreme(Mad) 2625

P.SATHASIVAM, M.E.N.PATRUDU
Sharp Tools and etc. – Appellant
Versus
State of T. N. and Anr. etc. – Respondent


Advocates appeared:
T. R. Rajagopalan, Sr. Counsel for T.R. Rajaraman (in WP 17575/95) and K. Venkatachalapathy, Sr. Counsel for B. Rajendran, (in WP 4526/96) for Petitioners; P. Wilson, Spl. Govt. Pleader, assisted by C. Thirumaran, Govt. Adv. for State in both WPs.

Judgement

P. SATHASIVAM, J. :- The question raised and referred to this Full Bench for clarification of the legal position is,

"Whether the objections received from the persons interested on receipt of Form 'B' notice within the period of 15 days stipulated therein has to be considered and Rule 3(b) (now Rule 4(b)) has to be followed ?"

2. Before proceeding to analyse the issue and answer the question before us, we deem it necessary to refer in brief the factual details in W.P. 17575 of 1995 for better understanding.

For the purpose of construction of houses under the Neighbourhood Scheme in Coimbatore North Taluk, Coimbatore District, in an extent of 11.14.0 Hectares, on the requisition of the 3rd respondent viz. the Tamil Nadu Housing Board, Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'Central Act') was issued in G.O. Ms. No. 647, Housing and Urban Development (LA-II) dated 22-9-1992.

The petitioner, which is a partnership firm, and eleven others are the owners of an extent of 1.84 acres situated in S.F. No. 332/2B in Kalapatti village, Coimbatore North Taluk, having purchased the same on 4-9-1985 for a valuable consideration. This pro









































































































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