Madras HC dismisses appeals by landowners against acquisition
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Last Updated: Saturday, December 11, 2010, 21:27
Chennai: The First Bench of the Madras High Court on Saturday dismissed appeals by landowners against a single judge order relating to an award of the Special Tahsildar (Land Acquisition) Tamil Nadu Housing Board Schemes, Nandanam, for acquiring 16.82 acres at Nerkundram on the city outskirts.

Dismissing writ appeals, the bench,comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam said the impugned award was not hit by Sec 11-A (period within which an award shall be made.) It noted that the interim awards passed and the notification was ultimately upheld by the Supreme Court and had been passed within two years as provided in the provision.

Earlier, petitions filed by B Gurubackiam and four others, who purchased the lands from the original owners in 1995,prayed for a direction to call for records of the Special Tahsildar relating to an Oct 31 1997 award and quash it.

The first notification was published on June 11 1975 and an enquiry was held, in which vendors of appellants filed objections, which were ultimately rejected. The first draft declaration was published in 1978 and also in 1980.

The original owners, after failing to get the notification quashed, sold the lands to the present appellants, who later filed the petitions challenging the award on the ground it had not been passed within two years from the date of Declaration and so the entire proceeding had lapsed by virtue of the provisions of Section 11A of the Act.

The single Judge dismissed the writ petitions holding that the impugned award was not hit by the proviso to Section 11-A of the Act and hence the present batch of appeals.


First Published: Saturday, December 11, 2010, 21:27

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