A.P.SHAH, D.MURUGESAN
R. Shanmugam and Others – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary, Housing and Urban Development, Chennai and Others – Respondent
Per 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 reconveyance 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-sections (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
C. Padma v. Deputy Secretary to the Government of Tamil Nadu 1997 [2] SCC 627
Chandragauda Ramgonda Patil v. State of Maharashtra 1996 [6] SCC 405
Northern Indian Glass Industries v. Jaswant Singh AIR 2003 SC 234
Prakash Nath Khanna v. CIT 2004 [9] SCC 686
State of Kerala v. M. Bhaskaran Pillai AIR 1997 SC 2703
Jilubhai Nanbhai Khachar v. State of Gujarat AIR 1995 SC 142
S. P. Subramania Chetty v. K. S. R. T. C AIR 1997 SC 2076
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