G.K.ILANTHIRAIYAN
Rajarajeshwari Danesh (died) – Appellant
Versus
District Collector, Kancheepuram – Respondent
ORDER :
All the writ petitions have been filed challenging the acquisition proceedings (notification under Section 4(1) of the Land Acquisition Act issued vide G.O.Ms.No.1547 dated 05.11.1992) on the ground that the subject land was acquired for the purpose of expansion of East Coast Road invoking emergency clause under Section 17 of the Land Acquisition Act, 1894 (hereinafter called as 'the Act'). However, as per Section 17(3-A) of the Act, the respondents ought to have tendered payment of 80% of the compensation to the person interested or entitled thereon. Whereas the petitioners were not paid any compensation even till today. Another ground is that Section 4(1) notification was issued on 05.11.1992 and award was passed on 16.08.1995 in Award No.1 of 1995, however no notice was served on the petitioners under Section 4 (1) or under Section 11 of the Act. Compensation also has neither been paid to the land owners or interested persons or deposited in the court. The petitioners are in possession and enjoyment of their respective properties even till today. The petitioners have put up construction and constructed dwelling house and the houses were also assessed to the property tax a
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