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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
Shanthi Sudharsan – Appellant
Versus
Chairman, Tamil Nadu Housing Board – Respondent
| Table of Content |
|---|
| 1. property acquisition by tamil nadu housing board (Para 1) |
| 2. no justification for no objection certificate (Para 3) |
| 3. writ petition dismissed (Para 4) |
ORDER :
N. Anand Venkatesh, J.
This writ petition has been filed for issue of writ of mandamus directing the Tamil Nadu Housing Board to issue No Objection Certificate in order to enable the petitioner to deal with the subject property.
2. The 1st respondent has filed a counter affidavit and the relevant portions are extracted hereunder:
6. It is submitted that the, the Tamil Nadu Housing Board has proposed to acquire lands in Hosur village and taluk, Krishnagiri District for the formation of Hosur neighborhood scheme. For this purpose various lands were acquired in S.No.522/1B, 532/2A, 533/1B etc.., Hosur village and taluk, Krishnagiri District for an total extent of 0.97.5 Hectare i.e (2.40 acres) including the subject property in S.No.670/1A measuring to an extent of 0.24.0 Hectare i.e (0.59 acre) under the LAND ACQUISITION ACT 1894.
7. Then the 4(1) notification under the LAND ACQUISITION ACT 1894 was issued vide G.O.MS.No.849 Housing and Urban Department dated, 21.05.1991. The same was published in the Government
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.
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....
Post-quashed land acquisition, revenue mutation cannot be denied for lack of fresh NOC when prior NOC exists.
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.
Land not acquired within five years under G.O.(Ms.)No.136 is eligible for release upon representations.
Statutory authorities must timely consider representations for NOC on lands from quashed/dropped acquisition schemes.
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