TMI Blog1995 (11) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... 28, 1978. The award under Section 11 of the Act was made in February, 1983. The writ petition was filed on July 28, 1983 questioning the notification under Section 4(1) of the Act on the ground that the notification was vague and invalid since the Government had not formulated specific scheme for construction of the houses. That contention found favour with the High Court and consequently it quashed the notification in the first instance, which order was upheld by this Court in State of Tamil Nadu Anr. vs. A. Mohammed Yousef Ors. [(1991) 4 SCC 224]. Following the said decision, this writ petition along with other writ petitions was allowed by the Division Bench. This Court in State of Tamil Nadu Ors. vs. L. Krishnan Ors. etc. [JT 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents stand on the same position as others and are entitled to the same benefit. Though we had adjourned the appeal to get particulars relating to the cases in which exclusion of the lands covered in the same notification and for what grounds was made, Mr. Mariarputham stated that in spite of his best efforts to get the correct information, he was unable to get the information from the Government and that, therefore, he is not in a position to place and factual material on the basis of which the lands were withdrawn either by the orders of the Court and for what purpose. Reasons for such omission are not far to seek. However, he has pointed out that the earlier orders by the Court relate to the lands for the establishment of outstation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delines for seeking exclusion of the lands covered under the scheme, the schemes are getting frustrated. Consequently, Government was justified in withdrawing the guidelines issued earlier. The view of the High Court that they are statutory notifications and confer right to get exemption from acquisition as per guidelines mentioned therein, is not correct. They are only administrative instructions issued by the Government for the purpose of consideration by the Housing Board but these guidelines being misused and misapplied, the Government, when it had power to issue guidelines, has same plenary power to withdraw the same. It is seen that the writ petition came to be filed not only after the concerned G.O.Ms. was withdrawn but also after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n view of the large numbers of families, we think that 1 acre 50 cents of the land would be reasonable for the members of the families of the respondents to construct their own houses for personal occupation. On our direction, Mr. M.N. Krishnamani, with the assistance of the local counsel, identified north-east corner of the land in Survey No.167/1B abutting the Punamally Highway road. The total extent of the land under Survey No. 167/1B is 7 acres 81 cents. Out of which 1 acre 50 cents in a contiguous place towards north-east is directed to be released from the acquisition so that the respondents would be able to construct their own residential houses for their personal residence in a compact block. The order of the High Court is set as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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