2021 Supreme(Mad) 1087

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Seshasayee, J.
V. Thangavelu and ors. – Petitioners
Versus
The Tahsildar Maduravoyal Taluk Alapakkam Chennai and ors. – Respondents
W.P.Nos.12200, 12213, 12220, 12225, 12230 & 12233 & 19933 of 2020 and WMP.Nos.14941, 14966, 14976, 14984, 14989 & 24608 of 2020
Decided On : 31-03-2021

Headnote:

Constitution of India,1950 - Article 261 - Land Acquisition Act, 1894 - Sections 6 and 4(1) - Acquisition of property - Land owners have developed the property into a layout and sold the plots to various persons including the petitioners - Property in relation to which, the petitioners seeks patta are comprised in S.Nos.284/1A, 373/2A, 373/2B, 374/2 and 375 of Nerkundram Village - They were notified for acquisition under Section 4(1) sometime in 1975 and an award too came to be passed facts are not disputed. Be that as it may, predecessors-in-title of the petitioners, land owners of these properties at that relevant time when acquisition was notified, challenged declaration issued under sec.6 of the Land Acquisition Act, 1894, in W.P.Nos. ground that the enquiry as contemplated under Sec. 5A of Act had not taken place - These petitions came to be allowed by this Court It appears that despite this order, no subsequent enquiry under Sec. 5A was ever held - Background, land owners had approached this Court to quash very notification under Section 4(1) in W.P.No. and came to be allowed by Court – Held, learned counsel for petitioners would submit even though the copies of Orders passed by this Court - Tamil Nadu Housing Board is only beneficiary of the intended acquisition and not the acquisition authority, and only when acquisition is successful and complete, the TNHB which is a requisition body will have right to have its sty. And, today, at this distant date, it is not given to any of authorities to impugn validity of Order in W.P.No. collaterally in proceedings - Circumstances are such that the Tahsildar is now required to abide by Orders passed by this Court - Constitution envisages doctrine of full faith and credit, and this cannot be breached. The Tahsildar is now required to fix a date for enquiry within a period of two weeks from date of receipt of a copy of this order - Writ petitions are disposed of