9911796707
TMI Blog1995 (11) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... eptember 22, 1986. The possession was taken on November 24, 1986. It would appear that in respect of Survey No. 2/11, a further award was made on 31st August, 1990. The respondents filled a writ petition under Article 226 of the Constitution in the High Court in 1987 challenging the validity of the notification under Section 4(1) and the declaration under Section 6 of the Act on the ground of delay in making the declaration. The learned single Judge in his order dated September 15, 1987, dismissed the writ petition on the ground of laces. The Division Bench following the judgment of this Court in State of Tamil Nadu and Anr. vs. A. Mohammed Yusuf and Ors. [(1991) 4 SCC 224], allowed the writ petition holding that the scheme was vague and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2/11 and 2/12 were situated in Alagapuram Pudur Village and having realized that these lands were not covered under the initial notification under Section 4(1), the notification must be deemed to have been published after the errata was published. Thereafter, no separate enquiry under Section 5A was conducted. A declaration made under Section 6 of the Act without conducting enquiry under Section 5A is invalid in law. Notices under Section 9 and 10 of the Act were served on 120 persons in a single day including a dead person. So service was not a valid one and the award under Section 11 was non est. It is also contended that the appellants having physically remained in possession of the lands, the Panchnama by Land Acquisition of taking po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se appeals have also to be excluded. It is seen that in first two GOs, referred to earlier, the Government laid down guidelines for exclusion of lands which are the subject matter of lay out approved by the Housing Board. The Government having realized the fault in issuing the above guidelines, thereafter issued order in G.O.No.583 dated March 11, 1983 of the Housing and Urban Development Department withdrawing all the guidelines issued in the GOs referred to above with immediate effect. Thus, it could be seen that the Government itself having realized the misapplication of the guidelines laid by it and disastrous effect on the execution of the Housing Schemes prepared by Housing Board or entrusted to it by Government or local authorities, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 86 and for survey No.2/11 award was made on August 31, 1990. Possession having already been undertaken on November 24, 1981, it stands vested in the State under Section 16 of the Act free from all encumbrances and thereby the Government acquired absolute title to the land. The initial award having been made within two years under Section 11 of the Act, the fact that subsequent award was made on 31st August, 1990 does not render the initial award invalid. It is also to be seen that there is stay of dispossession. Once there is stay of dispossession, all further proceedings necessarily could not be proceeded with as laid down by this Court. Therefore, the limitation also does not stand as an impediment as provided in the proviso to Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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