State of Tamil Nadu rep. by its Commissioner & Secretary to Government, Madras v. Somasekar
2013-07-29
R.BANUMATHI, T.S.SIVAGNANAM
body2013
DigiLaw.ai
Judgment :- R. Banumathi, J. 1. Challenge in this writ appeal is the order in W.P.No.15901 of 1988 (3.12.1999) in and by which, the Writ Court quashed the Land Acquisition Proceedings pertaining to an extent of 1.44 acres in S.F.Nos.12/2A, 13/1A and 16/2B of Vanagaram village, Saidapet taluk. 2. The lands in S.F.Nos.12/2, 13/1 and 16/2 (54.65 acres) of Vanagaram village, Saidapet taluk were sought to be acquired for the purpose of Maduravoyal Neighbourhood Scheme. Challenging the acquisition proceedings, the Respondents 1 and 2 have filed W.P.No.15901 of1988. By the order dated 03.12.1999, the learned single Judge allowed the Writ Petition and quashed the land acquisition proceedings as regards the lands of the Respondents 1 and 2 comprised in the above said Survey Numbers. Being aggrieved by quashing of land acquisition proceedings, the State of Tamil Nadu has preferred this appeal. 3. Appellants are represented by Mr.S.Gomathi Nayagam, learned Additional Advocate General appearing along with Mr.S.Shivashanmugasundaram, learned Government rdAdvocate. 2nd Respondent is represented by learned counsel Mr.V.Nataraj. 3 Respondent is represented by Mr.C.Kasirajan, Standing Counsel for TNHB. 4. Learned Additional Advocate General and the learned counsel for 2nd Respondent and also the learned Standing Counsel for TNHB submitted that after the land acquisition proceedings initiated by the 3rd Respondent-Tamil Nadu Housing Board in Award No.2 of 1988 dated 29.8.1988, the National Highways Authority of India acquired the above said lands in S.F.Nos.12/2, 13/1 and 16/2 of Vanagaram village, Saidapet taluk for the purpose of construction of Grade Separator at Maduravoyal-Vanagaram junction on Chennai By-pass (Phase-II) connecting National Highway-4 and National Highway-5 at Vanagaram village as ROW. It was further submitted that National Highways Authority of India has passed Award in Rc.No.3/2005/A/Unit-II/TVR dated 02.6.2006. It was stated that construction of bridge is already completed and the said bridge is functional. 5. Learned counsel for 3rd Respondent-Housing Board submitted that pursuant to the acquisition proceedings initiated by the 3rd Respondent in Award No.2 of 1988 dated 29.8.1988, the 3rd Respondent-Housing Board has deposited a sum of Rs.52,588.80 due and payable to the land owners in the Reference Court and that the 3rd Respondent-Housing Board may be permitted to withdraw the said amount so deposited. 6. When the lands were subsequently acquired by the National Highways Authority of India, nothing survives for consideration in this appeal and the Writ Appeal is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
6. When the lands were subsequently acquired by the National Highways Authority of India, nothing survives for consideration in this appeal and the Writ Appeal is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 3rd Respondent-Housing Board is permitted to withdraw the amount of Rs.52,588.80 deposited along with accrued interest if any, lying in the Reference Court.