High CourtsDivision Bench(2006) 06 MAD CK 0176

The Secretary to Government, Housing and Urban Development Department and The Special Tahsildar (Neighbourhood Scheme) and Land Acquisition Officer vs M. Subramania Pillai, Kasithankam and P. Mahadevan

Madras High Court · Decided on 16 June 2006

HON’BLE JUDGES
V. Dhanapalan, J · P. Sathasivam, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No''s. 1035 to 1037 of 2003 and WAMP No''s. 1282 to 1284 of 2003

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Judgment

11 paragraphs · 218 words

P. Sathasivam, J.—The above Writ Appeals have been filed against the Common Order of the learned single Judge, dated 24.07.2002,

made in W.P. Nos.21479, 21 484 and 21566 of 1994. The learned Judge, by the impugned order, after finding that the land acquisition

proceedings were initiated without approval of the appropriate Government; and that the Newspapers, in which the publication in respect of

Section-4(1) Notification and Section-6 Declaration was effected, were not having circulation in the locality where the land situates, quashed the

acquisition proceedings and allowed the Writ Petitions.

2.

It is not in dispute that the acquisition proceedings initiated by the very same Government Order, viz., G.O.Ms. No. 1212, Housing and Urban

Development Department, dated 17.09.1991, has been quashed by one of us (PSJ), by order dated 13.09.2001, in W.P. Nos.20310 and 2031 1

of 1994. It is also not in dispute that the said order has become final since the State has not preferred any Appeal. Apart from this, to-day, in

W.A. No. 541 of 2003, we quashed the Notification issued under the very same Government Order. In view of the reasons stated therein, we are

in entire agreement with the conclusion arrived at by the learned Judge.

3.

Consequently, the Appeals fail and the same are dismissed. No costs. Connected Miscellaneous Petitions are closed.