IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S. Karnan, J.
C. Sudhakar Reddy and Others
Versus
State of Tamil Nadu, rep. by Secretary to Government, Housing & Urban Development Department, Chennai- 600 009 and Others
W.P. No. 2482 of 2003 & W.P.M.P. Nos. 3091 of 2003 and 23019 of 2004
Decided on : 1 July 2013
1. The short facts of the case are as follows:-
The writ petitioner, viz., Sudhakar Reddy stated that he is the owner of lands, an extent of 0.01 1/4 acre of land in Survey No. 59/3 of Koyambedu Village. He further stated that he is the power of attorney holder of land belonging to the other petitioners in the present writ petition to the extent of 0.3 1/2 acres, 0.00 1/2 acres, 0.01 acres, 0.08 1/2 acres, 0.08 1/2 acres, 0.00 1/4 acres, 0.10 acres, totalling to 0.33 1/2 at Survey Nos. 59/3, at Koyambedu Village from Gangarathinam, C.V. Muralikrishna, E. Thulasi, K. Thatha Reddy, P. Bhaskar, C. Chandrasekar, C. Vijayashekar Reddy, who had purchased the same from Manickam by way of registered sale deed, who are also petitioners in this writ petition. The Government of Tamilnadu, in and by its G.O. Ms. No. 105, Housing Department, dated 21.04.1975 approved the notification under Section 4(1) of the Land Acquisition Act, 1894 for acquisition of an extent of 85.12 acres of land in Koyambedu Village, including the lands descried supra for “Mid West Madras Neighbourhood Land Development Scheme” and it was published in the Tamil Nadu Government Gazette on 21.05.1975. The draft declaration under Sections 6 and 7 of the Land Acquisition Act, 1894, was approved in G.O. Ms. No. 974, Housing Department, dated 11.05.1978 and published in Tamil Nadu Government Gazette on 15.05.1978, in respect of an extent of 17.94 acres, excluding an extent of 67.18 acres from land acquisition proceedings. The original owners of the land appeared before the Special Deputy Collector for enquiry under Section 5(a) on 28.06.1999, with reference to notices issued under Rule 3(b) of the Rules framed under Section 55(i) of the Land Acquisition Act and presented their objections.
2. The petitioner further stated that originally the entire land was an extent of 1.29 acres as comprised in Survey No. 59/3, Block No. 6, Koyambedu Village. The erstwhile owner of the entire extent of 1.29 acres in Survey No. 59/3 was one N.Manicka Naickar and N. Kuppan. Section 4(1) notification was issued by the first respondent in G.O. Ms. No. 105, Housing dated 21.04.1975 and Section 6 declaration was also issued by the first respondent in G.O. Ms. No. 974, Housing, dated 11.05.1978, referred to in Survey No. 59/3, owned by the said Manicka Naickar, with an extent of 1.29 acres in Koyambedu Village. The 4(1) notification was published in the Tamil Nadu Government Gazette on 21.05.1975 and the declaration under Section 6 of the Land Acquisition Act was published in the Tamil Nadu Gazette on 15.05.1978 in respect of his land. But the Government, by a Memo, seems to have, at the instance of the third respondent herein, challenged the parties for which the land was sought to be acquired under Section 4(1) notification and have decided to proceed further with the acquisition for the benefit of locating a Truck Terminal for the third respondent, who is a different requisition authority. Hence, the said original owner, V. Manicka Naickar had filed a writ petition in W.P. No. 1570 of 1983, before this Court, challenging the land acquisition proceedings. This Court, by its order dated 8.1.1988, was pleased to quash the declaration under Section 6 of the Land Acquisition Act, giving opportunity to the petitioner to prove his ownership in the enquiry to be held under Section 5(a) of the said Act. He further stated that after the disposal of the writ petition in W.P. No. 1570 of 1983, by this Court, the respondents did not take any steps to issue a fresh declaration under Section 6 of the Act, in the place of 6 declaration, which was earlier quashed.
3. The writ petitioner further stated that nothing precluded the respondents from issuing such a fresh declaration under Section 6 of the Act, if the lands were really needed for public purpose mentioned in Section 4(1) Notification, viz., “Mid West Madras Neighbourhood Land Development Scheme”. It was under those circumstances that the petitione
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