R RAJARAM Vs. SECRETARY TO GOVERNMENT
HIGH COURT OF MADRAS
SECRETARY TO GOVERNMENT
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(1.)The petitioners have sought for issuance of a Writ of Certiorari, to call for the records in G.O.Ms.No.879 Housing and Urban Development dated 28.5.1991 published in the Tamil Nadu Government Gazette on 19.06.1991 with regard to the Notification, issued under Section 4 of the Land Acquisition Act and G.O.Ms.No.447 Housing and Urban Development dated on 20.07.1992 published in the Tamil Nadu Government Gazettee Extraordinary on 21.07.1992, with regard to the declaration under Section 6 of the Land Acquisition Act, issued by the Secretary to the Government, Housing and Urban Development, first respondent herein, and to quash the same.
(2.)The challenge to the above said proceedings, viz., Notification and Declaration made under Sections 4(1) and 6(1) of the Land Acquisition Act (herein after referred to 'the Act') respectively, is in respect of the lands comprised measuring 0.91.0 hectares in S.No.66/1, Kottagoundam Patti village, Omalur taluk, Salem District.
(3.)From the supporting affidavit to the writ petition, as well as the material documents enclosed in the form of typed set, it could be deduced that, the petitioners have claimed to be the joint owners of the above said lands. Pursuant to the proposal made by the Tamil Nadu Housing Board, a Notification under Section 4(1) of the Act has been published on 19.06.1991 in the Tamil Nadu Gazettee in G.O.Ms.No.879, dated 28.05.1991 for the purpose of Salem Neighbourhood Scheme. Thereafter, notice under Section 5(A) of the Act has been issued to the petitioners by the Special Tahsildar, second respondent herein, on 16.09.1991 in ROC No.798/1987. It is the case of the petitioners that they have submitted their objections on 01.10.1991 and also attended the enquiry held on 09.10.1991. It is their case that thereafter, a notice under Section 3(b) of the Act, was issued on 18.11.1991, directing appearance of the petitioners before the Special Tahsildar on 28.11.1991. According to the petitioners, they have made their objections and that they were overruled, without considering the material facts, and consequently, recommendation has been made, for acquiring the lands, measuring 0.91.0 hectares in S.No.66/1. Consequently, a declaration under Section 6 of the Act was issued in G.O.Ms.No.447 Housing and Urban Development, dated 20.7.1992 and published in the Tamil Nadu Government Extraordinary Gazettee on 21.07.1992, declaring that the above said lands have been acquired for the purpose of construction of houses, by the Tamil Nadu Housing Board under the Salem Neighbourhood Scheme. After the publication of the declaration under Section 6 of the Act, the Special Tahsildar has passed an Award in Award No.1/94-95 dated 20.7.1994.
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