D. MURUGESAN J.

The Writ appeal in W.A.No. 796 of 2008 is at the instance of the Tamil Nadu Housing Board. The Writ appeal in W.A.No. 378 of 2009 is at the instance of State. Both the writ appeals question the common order dated 24. 2008 made in the writ petition in W.P.No. 5316 of 2006. By that order the writ petition was allowed by setting aside the impugned orders therein and the Government was directed to exclude the lands in survey numbers in question from the acquisition proceedings and reconvey the same in favour of the petitioners.

2. The controversy in the writ appeals arises under the following circumstances:-

An extent of 43.19 acres of land in S.No.46/2 etc., in Sowripalayam Village, Coimbatore Taluk and District was notified under Section 4(1) of the Land Acquisition Act for housing scheme. After considering the objection raised in 5A enquiry, a declaration was made and ultimately the acquisition proceedings culminated into one of an award and possession of land was taken over and the same was handed over to the Tamil Nadu Housing Board for implementing the scheme. The respondents earlier approached this court in W.P.No. 6453 of 1991 questioning the acquisit