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1990 Supreme(Mad) 186

NAINAR SUNDARAM
Thiruvaleeswarar Temple, Represented By Sole Trustee N. Kasiviswanathan – Appellant
Versus
The State Of Tamil Nadu Represented By The Secretary To Government, Housing And Urban Development – Respondent


JUDGMENT

Nainar Sundaram, J.

1. The lands of the appellant were the subject matter of acquisition under the Land Acquisition Act 1 of 1984, hereinafter referred to as the Act. Certain dates and factual details have got to be set down. The notification under Section 4(1) of the Act was dated 8.5.1975. It was published in the Gazette on 11.6.1975. The declaration under Section 6 of the Act was made on 7.6.1978. According to the appellant, it was in the dark with reference to the details of the acquisition proceedings until a notice regarding award enquiry on 30.3.1983 was received by it. The appellant filed W.P. No. 2816 of 1983 challenging the acquisition proceedings from the notification under Section 4(1) of the Act. The learned single Judge, who heard the Writ petition, took note of the infirmity with reference to the conduct of the enquiry under Section 5-A of the Act in that the remarks obtained from the requisitioning body, namely, the Housing Board were not at all forwarded to the appellant, and in this view the learned single Judge deemed fit to quash the acquisition proceedings, leaving the notification under Section 4(1) of the Act in tact. The learned single Judge did not a




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