MADURAI BAR ASSOCIATION Vs. STATE OF TAMIL NADU
LAWS(MAD)-2014-4-212
HIGH COURT OF MADRAS (FROM: MADURAI)
Decided on April 28,2014

Madurai Bar Association Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

- (1.)The appeal arises out of the dismissal of a writ petition filed by the appellants herein, challenging the entire proceedings for acquisition of the lands belonging to the appellants 2 to 8, in terms of the provisions of the Land Acquisition Act, 1894 (in short "the Act"). We have heard Mr. D. Selvam, learned counsel appearing for the 1st appellant, Mr. G.R. Swaminathan, learned counsel appearing for the appellants 2 to 8, Mr. A.K. Baskarapandian, learned Special Government Pleader appearing for respondents 1 and 2 and Mr. S. Nagarajan, learned counsel for the 3rd respondent.
(2.)The land of a total extent of about 90.85 in Survey Nos. 94/1B, 94/1C, 94/1D, 94/1E, 94/1F, 94/1G, 99/1H and 99/11, Uchapatti Village, Tirumangalam Taluk, Madurai District, was sought to be acquired by the Government of Tamil Nadu for the formation of Madurai South Neighbourhood Scheme. Two Notifications under Section 4(1) of the Land Acquisition Act, 1894, were issued under G.O. Ms. Nos. 933, Housing and Urban Development Department, dated 06.06.1991 and G.O. Ms. No. 989, Housing and Urban Development Department, dated 14.06.1991. These Notifications were published in the Tamil Nadu Government Gazette on 03.07.1991. Paper publications were made on 19.07.1991. The declaration under Section 6 of the Act was published on 28.07.1992. Two Awards came to be passed, one in Award No. 7/1994 on 25.07.1994 and another in Award No. 15/1994 on 28.07.1994.
(3.)The aforesaid lands belonged to one Mr. K. Shenbagamoorthy, his wife S. Jaya, his sons Surendran, Mahendran, Ramanathan and Ravindran and his three daughters. Mr. Shenbagamoorthy, his wife Jaya and two sons Surendran and Mahendran filed one writ petition in W.P. No. 16039 of 1994 seeking a declaration that the entire land acquisition proceedings, initiated under the Notification under Section 4(1), dated 14.06.1991 and the Declaration under Section 6, published on 28.07.1992, in respect of the lands in Survey Nos. 94/1B, 94/1C and 94/1D, had lapsed by virtue of Section 11-A of the Act. Similarly, they filed another writ petition in W.P. No. 17050 of 1994, challenging the other Notification under Section 4(1), issued under G.O. Ms. No. 989, Housing and Urban Development Department, dated 14.06.1991 and the Declaration under Section 6, published on 28.07.1992, in respect of the lands in Survey Nos. 94/1E, 94/1F, 94/1G and 94/1H, measuring an extent of 53.45 acres.
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