V CHANDRASEKARAN Vs. ADMINISTRATIVE OFFICER SPECIAL PROJECT DIVISION

JUDGEMENT

(1.) Both the writ petitions are arising out of the land acquisition proceedings initiated for the formation of Tambaram Neighborhood Housing Scheme by issuance of Section 4(1) notification of the Land Acquisition Act in G.O. Ms. No. 826 dated 15.5.1978 pertaining to the lands situate in survey numbers 282/1, 282/2, 282/3, 283/1, 283/2, 283/3, 284/1, 284/2, 284/3, 284/4. Out of the total extent sought to be acquired 0.57 acres was deleted and Section 6 declaration was published in respect of the lands to an extent of 58.02 acres and after Section 6 declaration made on 6.6.1981, few land owners challenged Section 4(1) notification and Section 6 declaration by way of batch of writ petitions in W.P. No. 8895 of 1983 etc. on two grounds i.e. (i) the land owners have not been given opportunity to submit their explanation and (ii) Rule 3(b) was not complied witru The batch of writ petitions were disposed of by common order dated 16.12.1983 wherein the learned single judge has quashed the declaration under Section 6 on the ground that there is serious flaw in not conducting the enquiry on the objections as well as the remarks of the Housing Board as contemplated under Rule 3(b) and non-compliance of the procedure vitiates subsequent Section 6 declaration. While doing so, the learned single judge has allowed Section 4(1) notification to standy, with liberty given to the government to take fresh acquisition proceedings from the stage of Section 4(1) if desired.

(2.) As against the order of the learned single Judge rejecting the Petitioners claim for quashing 4(1) notification, the Petitioners preferred batch of writ appeals in W.A. Nos. 215 to 222, 1435 of 1984 and the Hon'ble Division Bench has after detailed discussion, allowed the writ appeals by common judgment dated 23.8.1985 by setting aside Section 4(1) notification In so far as the lands of the Appellants therein Is concerned on the ground that Section 4(1) notification was published In the Gazette on 7.6.1978 and the publication In the locality was made only on 19.12.1978 more than six months later and there was no continuity of action. While doing so, the Hon'ble Division Bench has at para 12 of the judgment observed that "the learned single Judge had quashed the declaration under Section 6 of the Act and the subsequent proceedings and the Government had not filed any appeal and that had become final". Aggrieved against the same, the Government and the Housing Board have preferred S.L.P. Nos. 7277 to 7289 of 1986 before the Hon'ble Supreme Court and the Hon'ble Supreme Court was by order dated 6.5.1992 pleased to dismiss the SL Ps and confirmed the quashing of Section 6 declaration and subsequent proceedings and also quashed insofar as the Petitioners lands are concerned, Section 4(1) notification.

(3.) Following the same, the second batch of writ petitions In W.P. Nos. 7645 of 1985 and 2167 of 1986 etc were filed by different land owners to quash Section 4(1) notification and the same were by common order dated 22.12.1986 allowed in view of the earlier orders passed in the batch of writ petitions thereby quashing Section 4(1) notification and subsequent proceedings insofar as the land of the Petitioners therein is concerned.