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2013 DIGILAW 862 (MAD)

M. Mohammed Hafees v. Managing Director Tamil Nadu Housing Board Nandanam

2013-02-11

M.JAICHANDREN

body2013
Judgment :- 1. Heard the learned counsels appearing for the parties concerned. 2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondent to issue a 'No Objection Certificate', in respect of the petitioner's land, bearing Plot Nos.32, 33, 34, and 41B, measuring an extent of 9046 square feet, comprised in survey No.4/1C, situated in Porur Village, known as E.V.P. Sapthagiri Nagar, Ambattur Taluk, Thiruvallur District. 3. The learned counsel appearing for the petitioner had submitted that the land in survey No.4/1C situated, in Porur Village, known as E.V.P.Sapthagiri Nagar, Ambattur Taluk, Thiruvallur District, was sought to be acquired by the Government of Tamil Nadu, by issuing a notification, under Section 4(1) of the Land Acquisition Act, 1894, in G.O.Ms.No.412, Housing Department, dated 9.5.1975. The said land acquisition proceedings had been quashed by an order of this Court, dated 4.10.1996, made in W.P.No.8530 of 1986. Since, no appeal had been preferred against the order of this Court, dated 4.10.1996, the said order had become final. Further, no fresh land acquisition proceedings had been initiated by the Government of Tamil Nadu, in respect of the land in question. In such circumstances, the petitioner had required a 'No Objection Certificate' from the respondent Tamil Nadu Housing Board, in whose favour the land acquisition proceedings had been initiated by the Government of Tamil Nadu, by way of the Government order, in G.O.Ms.No.412, Housing Department, dated 9.5.1975, as the petitioner wanted to sell the said land to a third party purchaser. However, the respondent had not complied with the request of the petitioner for the grant of a 'No Objection Certificate'. Hence, the petitioner had preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 4. The learned counsel appearing for the petitioner had also placed before this Court an order of this Court, dated 20.6.2006, made in W.P.No.18432 of 2006, wherein, this Court had directed the Tamil Nadu Housing Board to issue a 'No Objection Certificate', in respect of a land sought to be acquired by the Government of Tamil Nadu, under the Government Order, in G.O.Ms.No.412, Housing Department, dated 9.5.1975. 5. A counter affidavit, dated 19.12.2012, had been filed on behalf of the respondent. Paragraph 9 of the said counter affidavit reads as follows: "9. 5. A counter affidavit, dated 19.12.2012, had been filed on behalf of the respondent. Paragraph 9 of the said counter affidavit reads as follows: "9. With regard to the averment made in para 6, it is submitted that the Tamil Nadu Housing Board is competent authority for issue of No Objection Certificate regarding the Land Acquisition, since the land covered under Land Acquisition Act and also Award has been passed by the Land Acquisition Officer. The Tamil Nadu Housing Board deposited the Award amount to the Land Acquisition Officer the same can be got refunded only after the withdrawal proposals is approved by the Government. Action is being taken by the Special Tahsildar (Land Acquisition) No Objection Certificate can be issued only after the withdrawal proposal is approved by the Government. Hence, the contention of the petitioner is against the truth." 6. The learned counsel appearing for the respondent had submitted that a 'No Objection Certificate' can be issued to the petitioner only after the withdrawal of the proposal is approved by the Government of Tamil Nadu. However, this Court is of the view that it is not open to the respondent to take such a stand, with regard to the issuance of the 'No Objection Certificate' in favour of the petitioner. Once the Government order, in G.O.Ms.No.412, Housing Department, dated 9.5.1975, seeking to acquire the land in question, by the Government of Tamil Nadu, had been quashed by an order of this Court, dated 4.10.1996, made in W.P.No.8530 of 1986, the question of withdrawal of the proposal for acquiring the said land would not be necessary. As such, the said process would be redundant in the eye of law. Further, the learned counsel appearing for the respondent has not been in a position to point out any other reason for denying the request of the petitioner for the grant of the 'No Objection Certificate', in respect of the land in question. In such circumstances, the respondent is directed to grant a 'No Objection Certificate' to the petitioner, in respect of the land in question, as expeditiously as possible, not later than four weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2012 is closed.