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2009 Supreme(Mad) 2392

D.MURUGESAN, K.VENKATARAMAN
The Tamil Nadu Housing Board rep. by its Member Secretary – Appellant
Versus
M. Kirubakaran – Respondent


Advocates Appeared:
For the Petitioner:P.S. Raman Additional Advocate General assisted by Veerasekaran, Advocate.
For the Respondents:R1 to R8, C. Kanagaraj, R9 to R11, K. Muthuramalingam, R12, Raja Kalifullah Government Pleader, R13, A. Thiyagarajan Senior Counsel, S. Rameshkumar, Advocate.

Judgment :-

An extent of 96.92 acres of land was notified for acquisition under Section 4(1) of the Land Acquisition Act vide G.O.Ms.No.1096, Housing & Urban Development Department dated 17.7.78 for the formation of Besant Nagar Extension Phase-II Scheme. The proposed land was conveniently divided into five blocks. After the conduct of Section 5-A enquiry, Section 6 declaration was made and ultimately an award was passed. The land belonging to the respondents 1 to 11 in an extent of 0.77 acres registered in the name of one Thiru K.Munusamy was also notified and ultimately an award was passed in respect of the said land also. The possession of the land was also taken and was handed over to the Tamil Nadu Housing Board on 30.10.86 for the purpose of the proposed housing scheme. There is no dispute that the acquisition proceedings have become final.

2. We are concerned only with an extent of 0.77 acres in Survey No.87/1 belonging to the respondents 1 to 11. It appears that some of the lands acquired under the same scheme were re-conveyed on the applications being filed under Section 48-B of the Act. However, when a similar application was made by the respondents 1 to 11, the same was re













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