M. Vijayakumar v. Tamil Nadu Housing Board, Represented by its Executive Engineer-cum- Administrative Officer,
2023-03-15
S.M.SUBRAMANIAM
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent in its proceedings BN/HS/8947/2007 dated 26.08.2010 and the consequent proceedings dated 28.03.2013 of the second respondent and quash the same and direct the second respondent to register the Sale Deed dated 28.03.2013 executed by the petitioner in favour of the third respondent in respect of land measuring an extent of 1526 sq. ft., in Survey No. 299/7, Kilkattalai Village, Chennai-600117.) Common Order: 1. The land acquisitions proceedings were initiated in respect of the lands belong to the petitioners. The petitioners'' lands were sought to be acquired for the benefits of the Tamil Nadu Housing Board for the formation of Pallavaram NH Scheme. The Awards were passed and consequently the Tamil Nadu Housing Board addressed a letter to the Sub Registrar, Pallavaram not to register any document in respect of the acquired lands. 2. The learned counsel for the petitioners made a submission that the acquisition proceedings were challenged in all these writ petitions and it was quashed as detailed hereunder:- WP No. Survey No. Quashed in WP No. and Page No. in T/Set WA SR No. and Page No. in T/Set 20938 of 2013 299/7 11500/1998Page No.23 4224/2011Page Nos.121 to 123 20939 of 2013 298/11D 11497/1998Page No.23 4208/2011Page Nos.121 to 123 20940 of 2013 300/4 11498/1998Page No.23 4220/2011Page Nos.121 to 123 20941 of 2013 300/4 11498/1998Page No.23 4220/2011Page Nos.121 to 123 20942 of 2013 299/9 20300/1994Page Nos.16 to 17 9270/2011Page No.127 3. The learned Standing Counsel for the first respondent and the learned Additional Government Pleader for the second respondent have made a submission that the Government Order issued in acquisition of lands was dropped pursuant to the orders passed by the High Court in the writ proceedings. 4. It is not in dispute that the subject property belongs to the petitioners were dropped from the acquisition proceedings. It is clarified by the respondents that acquisition proceedings were partly quashed and in respect of other Schemes, the acquisition proceedings are confirmed and the possession of the portion of that lands, which are acquired, are in the possession of the Tamil Nadu Housing Board. 5. As far as the petitioners'' lands are concerned, acquisition proceedings were dropped and therefore, the impugned orders are liable to be set aside. 6.
5. As far as the petitioners'' lands are concerned, acquisition proceedings were dropped and therefore, the impugned orders are liable to be set aside. 6. Accordingly, the impugned order passed by the first respondent in proceedings BN/HS/8947/2007 dated 26.08.2010 and the consequential proceedings of the second respondent dated 28.03.2013 are quashed and consequently, all the writ petitions are allowed. The connected miscellaneous petitions are closed.