D.K. Jain, J. - (1.) This appeal arises out of the judgment and order dated 18th April 2001, delivered by a Division Bench of the High Court of Judicature at Madras, affirming the judgment of a Single Judge of the High Court in W.P. No. 108 of 1998, setting aside Notification G.O.M. No. 311 Housing and Urban Development Department dated 17th February 1979, published in the Tamil Nadu Gazette dated 7th March 1979, being a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act) relating to lands of the respondents comprised in Survey No. 12/2 and 12/3 in Ponmeni village, Madurai.
(2.) Respondent Nos. 1 to 17 are contesting land owners, and are represented by respondent No. 17 whereas respondent Nos. 18 and 19 are the proforma respondents, viz. the State of Tamil of Nadu and the Special Tehsildar, Ellis Nagar Development Scheme.
(3.) The material facts, giving rise to the present appeal, may be stated thus: The Government of Tamil Nadu, vide G.O.M. No. 1358 Housing and Urban Development Department dated 20th September 1978, approved several schemes for providing housing facilities to people of low income group for which purpose acquisition of lands was necessary. One of such schemes was the Ellis Nagar Development Scheme, Madurai, for which about 220 acres of lands in West Madurai, Ponmein, and Madakulam villages was proposed to be acquired. ;