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2005 DIGILAW 608 (MAD)

Karur Town Mudithiruthuvor, Munnetra Sangam v. State of Tamil Nadu, rep. by its Secretary to Government & Others

2005-04-07

P.D.DINAKARAN

body2005
Judgment :- 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 23.4.2004. 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. 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.