TAMIL NADU HOUSING BOARD Vs. A VISWAM

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgment and decree of the High Court of Madras made on April 7, 1994 in S. A. No. 1526 of 1988. The facts are not in dispute.

(3.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (Act 1 of 1894) (for short, the "Act") was published on September 17, 1958 acquiring a large extent of 339 acres of land comprising Kodambakkam and Pudoor villages known as "Part I neighbourhood Scheme" and renamed as "Ashok Nagar Scheme" of Madras City for plan development. Declaration under Section 6 was published on November 26, 1958. The Land Acquisition Officer made his award under Section 11 of February 28, 1966. It is the case of the appellant that the Land Acquisition Officer had taken possession of the land of February 28, 1966 and delivered possession to the appellant on March 21, 1966. It is not in dispute that under the Scheme as many as 3639 residential houses have been constructed and delivered possession of. The disputed land in an extent of one acre and thirty two cents is set apart for public park in the Scheme which stood vested in the Municipality.