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KARUR TOWN versus STATE OF TAMIL

High Court of Madras

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Karur Town v. State of Tamil - W.P.No.11579 of 2005 [2005] RD-TN 273 (7 April 2005)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07/04/2005

CORAM

THE HON'BLE MR. JUSTICE P.D.DINAKARAN

W.P.No.11579 of 2005

and

W.P.M.P.No.12622 of 2005

Karur Town mudithiruthuvor

Munnetra Sangam

rep. by its Secretary ..Petitioner -Vs-

1. State of Tamil Nadu

rep. by its Secretary to Government

Backward Classes & Most Backward

Classes Welfare Department,

Fort. St. George, Chennai 600 009.

2. The Land Acquisition Officer/

Special Tahsildar,

District Relief Scheme,

Collectorate, Karur District,

Karur.

3. Rajathi

4. Suguna

5. Selvi ..Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus as stated therein. For Petitioner : Mr.V.Ramajegadeesan

For Respondent : Mr.Suresh Viswanath,GA

:O R D E R



The respondents 1 and 2 initiated proceedings under the Land Acquisition Act for providing house sites for the Most Backward Class community. The said acquisition proceedings were challenged in W.P.Nos.1730 to 1732 of 1993 and the said writ petitions were dismissed upholding the notifications issued under Sec.4(1) as well as under Sec.6 of the Land Acquisition Act. Thereafter, the respondents 3 to 5, who are the land owners challenged the award passed under Sec.12 of the Land Acquisition Act in W.P.No.3916 of 2001. The said writ petition was allowed with a direction to issue fresh award in accordance with law, subject to the question of limitation as contemplated under section 11-A of the Land Acquisition Act. As the respondents 1 and 2 did not pass a fresh award as directed in the order dated 6.8.2002 in W.P.No.3916 of 2001, within the time stipulated, the respondents 3 to 5 filed W.P.No.20672 of 2003. By an order dated 23.4.2004, this Court, finding that no fresh award was passed till the date of the said order, held that the land acquisition proceedings shall stand lapsed. Against the said order, the State went on appeal and the said appeal was also dismissed by a Division Bench of this Court confirming the order of the learned Single Judge dated 23.4.200 4.

2. Thereafter, the respondents 3 to 5 filed W.P.No.4390 of 2005 seeking re-conveyance of land and in that writ petition an order of interim injunction was granted restraining the members of the petitioner Sangam from putting up construction.

3. Contending that if the members of the petitioner Sangam are prevented from finishing the unfinished houses, which are in the half way of construction, they will be put to hardship and irreparable loss, they have preferred this writ petition seeking for issuance of a writ of mandamus to direct the respondents 1 and 2 herein to initiate fresh land acquisition proceedings to acquire the same lands in Survey No.159/27, Andan Koil West Village, Karur, under the occupation of the members of the Petitioner Sangam and to allot the same to the members of the Petitioner Sangam so as to enable the members of the Petitioner Sangam to enjoy their respective residential units put up thereon.

4. Even though, the declaration under Sec.6 of the Land Acquisition Act in G.O.Ms.No.2D.66, dated 14.2.92, was upheld by this Court by order dated 22.9.1999 in W.P.Nos.1730 to 1732 of 1993, since the acquisition authority has not settled the award strictly within a period of two years, as prescribed under Sec.11-A of the Land Acquisition Act, the entire earlier acquisition proceedings got lapsed. However, in my considered opinion, it is for the respondents 1 and 2 the State eminent Domain to decide as to acquisition proposals and it is not for this Court to interfere into such decision making power as it would otherwise be an inroad into the jurisdiction of the respondents 1 and 2. Hence, finding no merit, the writ petition is dismissed. No costs. Consequently, connected W.P.M.P. is closed. Index :Yes

Internet:Yes

rg

To

1. Secretary to Government

State of Tamil Nadu

Backward Classes & Most Backward

Classes Welfare Department,

Fort. St. George, Chennai 600 009.

2. The Land Acquisition Officer/

Special Tahsildar,

District Relief Scheme,

Collectorate, Karur District,

Karur.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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