Advocates:
['GOVT PLEADER', 'M/S V NATARAJ', '', 'S RAGHUNATHAN', 'M/S C KASIRAJAN', 'TAKES NOTICE', 'R C SOMASEKAR', 'PROOF OF PUBLICATION', 'FILED REG R']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2013

CORAM :

THE HONOURABLE Mrs.JUSTICE R.BANUMATHI

and

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM

W.A.No.1370 of 2002

1.The State of Tamil Nadu

rep. by its Commissioner and

Secretary to Government,

Housing and Urban Development

Department,

Fort St. George, Chennai-9.

2.The Special Tahsildar,

Land Acquisition IV,

Tamil Nadu Housing Board Scheme,

Mount Road, Nandanam,

Madras-600 035.

...

Appellants/1st & 3rd

Respondent in WP

vs.

1.C.Somasekar

2.M/s.Hind Process Private Limited,

rep. by its Director,

A.K.Daga.

...

1st & 2nd Respondents/

Petitioners WP

3.The Tamil Nadu Housing Board,

rep. by its Chairman,

Mount Road, Nandanam,

Madras-600 035.

...

3rd Respondent/2nd

Respondent WP

Prayer: Writ Appeal is filed under Clause 15 of Letters Patent

Appeal against the order dated 03.12.1999 made in W.P.No.15901 of

1988.

W.P.No.15901 of 1988 : Petition under Article 226 of the Constitution

of India, praying that in the circumstances stated therein, and in

the affidavit filed therewith the High Court will be pleased to issue

a writ of Certiorarified Mandamus calling for the records of the land

Acquisation proceedings pertaining to S.Nos.12/2, 13/1 and 16/2

commenced persuant to the Section 4(1) Notification bearing

G.O.M.S.No.857/Housing and urban Development dated 26th August 1985

of the first respondent and culminating in the award bearing No.2/88

vanagaram dated 30.09.88 and consequently impugned notice to deliver

possession bearing No.Nil and dated 30.09.88 of the third respondent

and quash the same and to forbear the respondents from proceeding

https://hcservices.ecourts.gov.in/hcservices/

further in any manner with the said acquisation proceedings as

regards the lands of the petitioners comprised in S.Nos.12/2, 13/1

and 16/2 Vanagaram Village, Saidapet, Taluk, Chinglepet District.

For Appellants

: Mr.S.Gomathi Nayagam

for

Mr.S.Shivshanmugasundaram

Spl. Government Pleader

For Respondents

: R1 – No Appearance

R2 – Mr.V.Nataraj

R3 – Mr.C.Kasirajan

Standing Counsel for TNHB

JUDGMENT

(Judgment of the Court was made by R.BANUMATHI,J.)

Challenge in this writ appeal is the order in W.P.No.15901 of

1988 (3.12.1999) in and by which, the Writ Court quashed the Land

Acquisition Proceedings pertaining to an extent of 1.44 acres in

S.F.Nos.12/2A, 13/1A and 16/2B of Vanagaram village, Saidapet taluk.

2. The lands in S.F.Nos.12/2, 13/1 and 16/2 (54.65 acres) of

Vanagaram village, Saidapet taluk were sought to be acquired for the

purpose of Maduravoyal Neighbourhood Scheme. Challenging the

acquisition proceedings, the Respondents 1 and 2 have filed

W.P.No.15901 of1988. By the order dated 03.12.1999, the learned

single Judge allowed the Writ Petition and quashed the land

acquisition proceedings as regards the lands of the Respondents 1 and

2 comprised in the above said Survey Numbers. Being aggrieved by

quashing of land acquisition proceedings, the State of Tamil Nadu has

preferred this appeal.

3. Appellants are represented by Mr.S.Gomathi Nayagam, learned

Additional

Advocate

General

appearing

along

with

Mr.S.Shivashanmugasundaram, learned Government Advocate.

2^nd

Respondent is represented by learned counsel Mr.V.Nataraj. 3^rd

Respondent is represented by Mr.C.Kasirajan, Standing Counsel for

TNHB.

4. Learned Additional Advocate General and the learned counsel

for 2^nd Respondent and also the learned Standing Counsel for TNHB

submitted that after the land acquisition proceedings initiated by

the 3^rd Respondent-Tamil Nadu Housing Board in Award No.2 of 1988

dated 29.8.1988, the National Highways Authority of India acquired

the above said lands in S.F.Nos.12/2, 13/1 and 16/2 of Vanagaram

village, Saidapet taluk for the purpose of construction of Grade

Separator at Maduravoyal-Vanagaram junction on Chennai By-pass

(Phase-II) connecting Nat