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S. M. SUBRAMANIAM, C. KUMARAPPAN
Tamil Nadu Housing Board, Represented by the Chairman cum Managing Director – Appellant
Versus
R. Ravichandran – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order in W.P.No.538 of 2009 dated 07.10.2009.]
The intra-Court appeals on hand have been instituted challenging the order passed in the writ petitions directing the appellants to issue 'No Objection Certificate' in respect of the properties, which were acquired for the benefit of the Tamil Nadu Housing Board.
2. The Tamil Nadu Housing Board is the appellant herein.
3. Mr. P. Kumaresan, the learned Additional Advocate General would submit that by citing one order of no objection in a single writ petition, the third party purchasers are attempting to secure 'No Objection Certificate' by filing writ petitions. The petitioners, admittedly are not the original owners and subsequent purchasers. Subsequent purchasers cannot challenge the land acquisition proceedings. The land acquisition proceedings challenged by the original owners were either rejected in the writ petition stage or in the writ appeal in some cases, where acquisition proceedings are confirmed.
4. Several writ petitions and writ appeals are filed. Therefore, the Tamil Nadu Housing Board and the Government has to verify t
Third-party purchasers of land acquired under the Land Acquisition Act do not possess an absolute right to 'No Objection Certificates', and the title of acquired land vests with the government, limit....
A petitioner cannot seek a No Objection Certificate for property already vested with a statutory body, lacking locus standi where prior judgments negate their claim.
The court affirmed that once a land acquisition notification is quashed, no further objections, such as the need for an NOC from the Housing Board, can be imposed on issuing patta.
Once the acquisition proceedings are quashed, the original owners automatically regain title and possession over the acquired properties, and there is no need for re-conveyance by the government or t....
The main legal point established in the judgment is that the violation of Rule 3(b) of the Rules framed under the Land Acquisition Act can vitiate the acquisition proceedings, emphasizing the importa....
Re-conveyance of acquired land is discretionary under Section 48-B, and cannot be claimed as an absolute right by landowners.
A subsequent purchaser has no right to challenge the original acquisition or claim any benefits under the Land Acquisition Act 1894. The sale transaction after the issuance of the Section 4(1) notifi....
Acquisition proceedings cannot be nullified for all parties based on individual petitions unless explicitly challenged; procedural fairness is critical.
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