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2010 Supreme(Mad) 3983

M.Y.EQBAL, T.S.SIVAGNANAM
L. Selvam, rep. by its Power of Attorney Agent, Mr. R. Chandrasekar – Appellant
Versus
Government of Tamil Nadu, rep. by its Secretary, Department of Housing and Urban Development – Respondent


Advocates Appeared:
For the Appellant:Altaf Ahamed, Senior Counsel for Subba Reddy, Advocate.
For the Respondents: J. Raja Kalifulla, Government Pleader.

Judgment :-

M.Y. Eqbal, C.J.

1. The Appellant-Writ Petitioner filed Writ Petitions being W.P. Nos. 16274 of 2008 and 15694 of 2008 for quashing the orders of the first Respondent dated 16.09.2005 and 03.11.2005 rejecting his representation for release of the land under Section 48-B of the Land Acquisition Act and to direct the Respondent to re-convey the land in Survey No.251/2 measuring an extent of 1 Acre 38.5 Cents at Padi Village, Ambattur and to execute re-conveyance deed.

2. It appears that the Government of Tamil Nadu, by Notification dated 12.11.1975, initiated Land Acquisition proceedings followed by declaration dated 26.01.1976 under Section 6 of the Land Acquisition Act, 1894. The awards were passed in respect of Survey Nos.251/1 and 251/2 in the year 1983 and 1984 respectively.

3. The Appellant’s case was that, initially the Tamil Nadu Housing Board wanted to acquire the land of the Appellant-Writ Petitioner and others for Ambattur Neighbourhood Scheme. The land was required for implementation of the Housing Scheme as well as for the formation of the railway line, and the railway road called Inner Circular Road. The Appellant filed representation to the Government reques




















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