TAMIL NADU HOUSING BOARD Vs. SUGUNA SARASWATHY
LAWS(MAD)-2017-12-63
HIGH COURT OF MADRAS (FROM: STATE)
Decided on December 08,2017

TAMIL NADU HOUSING BOARD Appellant
VERSUS
Suguna Saraswathy Respondents




JUDGEMENT

K.K.SASIDHARAN,J. - (1.)Though challenge in this appeal is to the order quashing the land acquisition proceedings on the ground of prior approval not being taken and delay in passing the award, the crucial issue now on account of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is as to whether the land owners are entitled for a declaration in view of the lapse of land acquisition, under Section 24 of Act 30 of 2013. The counter affidavit filed by the Land Acquisition Officer in the appeal admitting that possession has not been taken till date and that the compensation amount is still in revenue deposit is the ammunition in the hands of the land owners to put an end to the land acquisition proceedings. Factual matrix:-
(2.)The land owned by the respondents was acquired along with large extent for the implementation of Uppilipalayam Neighbourhood Scheme at Coimbatore. The award was passed on 29 May 1989. The award amount is stated to be deposited in the personal account of the Special Tahsildar (Land Acquisition) Unit II, Coimbatore.
(3.)The Writ Petitions filed by the respondent in W.P.No. 7944 of 1986 and 7945 of 1986 were allowed by the writ court by order dated 3 December 1991. The appeals preferred by the State in W.A.No. 484 and 485 of 1994 were allowed by the Division Bench by judgment datd 14 February 1996. Thereafter, two other Writ Petitions in W.P.No. 9385 of 1996 and 9364 of 1996 were filed with new grounds. The Writ Petitions were dismissed by order dated 17 April 2004 and it was upheld by the Division Bench on 17 June 2006 in W.A.No. 1802 of 2014 and 1803 of 2014. The related Special Leave petitions were dismissed by the Hon'ble Supreme Court.
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