The Commissioner, Corporation of Chennai Vs. R. Sivasankara Mehta and Another. - Court Judgment

Excerpt:

.....bench affirmed the order of the learned single judge dated 24th september, 1999 on two writ petitions filed by the land owners who are respondent(s) herein. the facts leading to this case are that by notification dated 3rd january, 1949 an award was passed by the special secretary for land acquisition, madras in respect of the land which was acquired under the provisions of the land acquisition act. under section 16 of the act, the land acquired, vested in the state in 1962, free from all encumbrances. admittedly, section 48-b came on the statute book in 1997 by the land acquisition (tamil nadu amendment) act, 1996 (being act 16 of 1997). section 48-b runs as follows:- "48-b. transfer of land to original owner in certain cases.-where the government are satisfied that the land vested in the government under this act is not required for the purpose for which it was acquired, or for any other public purpose, the government may transfer such land to the original owner who is willing to repay the amount paid to him under this act for the acquisition of such land inclusive of the amount referred to in sub-section (1-a) and (2) of section 23, if any, paid under this act......bench affirmed the order of the learned single judge dated 24th september, 1999 on two writ petitions filed by the land owners who are respondent(s) herein. the facts leading to this case are that by notification dated 3rd january, 1949 an award was passed by the special secretary for land acquisition, madras in respect of the land which was acquired under the provisions of the land acquisition act. under section 16 of the act, the land acquired, vested in the state in 1962, free from all encumbrances. admittedly, section 48-b came on the statute book in 1997 by the land acquisition (tamil nadu amendment) act, 1996 (being act 16 of 1997). section 48-b runs as follows:- "48-b. transfer of land to original owner in certain cases.-where the government are satisfied that the land vested in the government under this act is not required for the purpose for which it was acquired, or for any other public purpose, the government may transfer such land to the original owner who is willing to repay the amount paid to him under this act for the acquisition of such land inclusive of the amount referred to in sub-section (1-a) and (2) of section 23, if any, paid under this act.