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SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
I. Jayamurugan – Appellant
Versus
State, Rep. by The District Collector, Chennai – Respondent
JUDGMENT
(Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the respondents from taking any coercive action or demolish the house of the petitioners situated at S. No. 14/5, Aringnar Anna Nagar, VII and VIII Street, Neelankarai, Chennai – 600 115 pursuant to the notices dated 28.11.2022 issued by the Second Respondent to the Petitioners enclosed in the annexure list until the compliance with the provisions of section 156 of Tamil Nadu Highways Act, 2001 and in any event alternate accommodation or compensation to the Petitioners.)
P.D. Audikesavalu, J.
1. The Petitioners in this Writ Petition claim to be in occupation of the area of an extent of 9500 sq. ft. known as Aringnar Anna Nagar, 7th and 8th Street, Chennai–600115, where they have constructed cement thatched houses for shelter of 50 families. It is their case that their families are leading life below poverty line in that property in which they have been in continuous possession without any disturbance and paying taxes to the concerned authorities. The said property in their occupation forms part of the land in S. No. 14/5, Neelankarai Village, Sho
Once the land vested with the government, the petitioners' claim to restrain the respondents from dispossessing them could not arise. Additionally, the court held that the petitioners' claim for comp....
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
The court emphasized the importance of providing sufficient opportunity to the petitioner and considering all contentions and documents in accordance with law.
The deliberate failure to claim compensation for the land, despite being aware of the ownership and the opportunity to object to the acquisition, led to the dismissal of the Writ Petition.
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