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Judgment
Vinod K. Sharma, J.—The Petitioners have approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, directing the Respondents to return back the land of the petitioners, acquired under the Provisions of the Land Acquisition Act (hereinafter called as the "Act").
In support of the prayer the Learned Counsel relies on Section 48-B of the ''Act'', applicable in the State of Tamil Nadu, which reads as under:
48-B. Transfer of land to original owner in certain cases.--Where the Government are satisfied that the land vest in the Government under this Act is not required for the purpose for which it was acquired, or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this Act for the acquisition of such land inclusive of the amount referred to in Sub-section(1-A) and(2) of Section 23, if any, paid under this Act.
The case of the Petitioners is that inspire of application having been filed u/s 48-B of the ''Act'', as back as on 11.07.2007, till date no decision has been taken by the State Government.
It is the contention, of the Learned Counsel for the Petitioner that till date, the land has not been utilized.
Section 48-B of the ''Act'' imposes a statutory obligation, on the State Government to take a decision, on an application filed u/s 48-B of the Act, for re-transfer of the land.
The writ Petition is disposed of, with a direction to the Respondent No. 1 to take a final decision on the application moved by the Petitioners u/s 48-B of the ''Act''.
The needful be done within two months of the date of receipt of a certified copy of this order. The first Respondent is directed to pass a detailed speaking order, after giving personal hearing to the Petitioners.
No costs.