JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

Since the issue involved in all the writ appeals is one and the same, a common order is passed in all the writ appeals.

The brief facts leading to the filing of the present writ appeals is as follows:

2.1.The first respondents herein are the original writ petitioners.

The original writ petitioners have filed WP Nos.8743 to 8746 of 2013 for a Writ of Certiorarified Mandamus calling for the entire records relating to Letter No.LA.1/7337/79 dated 08.03.2013 of the Tamil Nadu Housing Board and quash the same and consequently direct the respondents to reconvey the land comprised in S.No.82/7 & 8, 68/4 &

5, 82/6 and 68/3&6 in Ayyamperumalpatti Village, Salem Taluk &

District to the respective petitioners.

2.2. It is the case of the original writ petitioners that they are the owners of the respective lands at Ayyamperumalpatti Village, Salem Taluk. The Government of Tamil Nadu sought to acquire the said lands for the purpose of implementing housing scheme through the Tamil Nadu Housing Board. The Government issued notification under Section 4(1) of the Tamil Nadu Land Acquisition Act, (hereinafter referred to as the Old Act, 1894) in G.O.Ms.No.455, Housing and Urban Development Department, dated 23.06.1981 and later passed declaration under Section 6 of the of the Old Act, 1984 in G.O.Ms.No.538, Housing and Urban Development Department dated 07.07.1984. Since the acquired lands have not been used by the Government for nearly two decades, the petitioners gave a written representation dated 11.01.2013 and 21.01.2013 to the first respondent Government, for re-conveyance of the land under Section 48(b) of the Old Act, 1894. After receipt of the said representations, the Tamil Nadu Housing Board, who does not have any power or jurisdiction to reject the representations as per Section 48 (b) of the Old Act, 1894, rejected the representations of the petitioners. Thereafter, the Tamil Nadu Housing Board passed an order dated 08.03.2013 rejecting the request for re-conveyance of the said land. Aggrieved by the said order passed by the Tamil Nadu Housing Board, the petitioners had filed the writ petitions, seeking re-conveyance of the land under Section 48(b) of the Old Act, 1984.

2.3.The learned Single Judge, allowed the writ petitions by order dated 05.01.2015, on the ground that the official respondents have not strictly adhered to the land acquisition proceedings under the Old Act, 1894 and there is a lapse on the side of respondents; the award amount had been deposited only in the name of erstwhile owner but not in the name of the present owner namely the petitioners and as such the provision under the Act were not followed and there is a huge delay in implementing the proposed scheme and land acquired is still vacant and as such re-conveyance of the land will not prejudice the official respondents, particularly when the compensation amount is lying in the court custody. As against the said order, the present writ appeals are filed.

3. The learned Standing Counsel for the appellant Housing Board submitted that possession of the acquired land has been taken, Award amount has been deposited, the acquired land had been handed over to the Housing Board and mutation effected in the revenue records in the name of Housing Board and preparation of the layout is under process by the Board in respect of the property in dispute. The said land is essentially required for formation of comprehensive housing scheme. However, the learned Single Judge did not accept this stand of the learned Standing Counsel for the Housing Board and allowed the WP Nos.8743 to 8746 of 2013, by order dated 05.01.2015, directing the re-conveyance of the land to the respective petitioner. Therefore, the learned Standing Counsel for the appellant Housing Board seeks for setting aside the order of the Writ Court.

4. Further in the counter-affidavit, it is specifically stated that the compensation amount has already be