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2023 Supreme(Mad) 1528

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Vijayakumar & Others – Appellants
Versus
Tamil Nadu Housing Board, Represented by its Executive Engineer-cum- Administrative Officer, & Others – Respondents
WP Nos. 20938 to 20942 of 2013 & MP Nos. 1, 1, 1, 1, 1, 2, 2, 2, 2, 2, 3, 3, 3, 3 & 3 of 2015
Decided On : 15-03-2023

Advocates appeared:
For the Petitioner:K. Mahendran M/s. Mcgan Law Firm Advocates. For the Respondent: R1, A.M. Ravindranath, WPs Standing Counsel TNHB. R2, S. Ravichandran, WPs Additional Government Pleader. R3, No Appearance.

The main legal point established is that when the subject property is dropped from the acquisition proceedings, the impugned orders are liable to be set aside.

Headnote:

Acquisition - Land Acquisition - Quashing of acquisition proceedings

Fact of the Case:

The land acquisition proceedings were initiated for the formation of a housing scheme, but the petitioners' lands were dropped from the acquisition proceedings. The government order for acquisition was dropped following the orders passed by the High Court in the writ proceedings.

Finding of the Court:

The court found that the petitioners' lands were dropped from the acquisition proceedings and that the impugned orders were liable to be set aside. Consequently, the court quashed the impugned orders and allowed all the writ petitions.

Issues: The main issue was whether the acquisition proceedings in respect of the petitioners' lands should be quashed.

Ratio Decidendi: The court held that since the petitioners' lands were dropped from the acquisition proceedings, the impugned orders were liable to be set aside.

Final Decision: The impugned orders passed by the first respondent and the consequential proceedings of the second respondent were quashed, and all the writ petitions were allowed.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent in its proceedings BN/HS/8947/2007 dated 26.08.2010 and the consequent proceedings dated 28.03.2013 of the second respondent and quash the same and direct the second respondent to register the Sale Deed dated 28.03.2013 executed by the petitioner in favour of the third respondent in respect of land measuring an extent of 1526 sq. ft., in Survey No. 299/7, Kilkattalai Village, Chennai-600117.)

Common Order:

1. The land acquisitions proceedings were initiated in respect of the lands belong to the petitioners. The petitioners'' lands were sought to be acquired for the benefits of the Tamil Nadu Housing Board for the formation of Pallavaram NH Scheme. The Awards were passed and consequently the Tamil Nadu Housing Board addressed a letter to the Sub Registrar, Pallavaram not to register any document in respect of the acquired lands.

2. The learned counsel for the petitioners made a submission that the acquisition proceedings were challenged in all these writ petitions and it was quashed as detailed hereunder:-

WP No.Survey No.Quashed in WP No. and Page No. in T/SetWA SR No. and Page No. in T/Set
20938 of 2013299/711500/1998Page No.234224/2011Page Nos.121 to 123
20939 of 2013298/11D11497/1998Page No.234208/2011Page Nos.121 to 123
20940 of 2013300/411498/1998Page No.234220/2011Page Nos.121 to 123
20941 of 2013300/411498/1998Page No.234220/2011Page Nos.121 to 123
20942 of 2013299/920300/1994Page Nos.16 to 179270/2011Page No.127

3. The learned Standing Counsel for the first respondent and the learned Additional Government Pleader for the second respondent have made a submission that the Government Order issued in acquisition of lands was dropped pursuant to the orders passed by the High Court in the writ proceedings.

4. It is not in dispute that the subject property belongs to the petitioners were dropped from the acquisition proceedings. It is clarified by the respondents that acquisition proceedings were partly quashed and in respect of other Schemes, the acquisition proceedings are confirmed and the possession of the portion of that lands, which are acquired, are in the possession of the Tamil Nadu Housing Board.

5. As far as the petitioners'' lands are concerned, acquisition proceedings were dropped and therefore, the impugned orders are liable to be set aside.

6. Accordingly, the impugned order passed by the first respondent in proceedings BN/HS/8947/2007 dated 26.08.2010 and the consequential proceedings of the second respondent dated 28.03.2013 are quashed and consequently, all the writ petitions are allowed. The connected miscellaneous petitions are closed.

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