The Hindu : Tamil Nadu / Chennai News : TNHB acquisition order for setting up park upheld

Online edition of India's National Newspaper
Saturday, Apr 22, 2006

Tamil Nadu

Tamil Nadu - Chennai

TNHB acquisition order for setting up park upheld

Special Correspondent

CHENNAI : A Tamil Nadu Housing Board (TNHB) order acquiring over 14 grounds on First Avenue in Ashok Nagar for setting up a park has been upheld by the Madras High Court.

A Division Bench, comprising Justice P. Sathasivam and Justice J.A.K. Sampathkumar, was passing orders on a writ appeal from V. Venkatarajan and others challenging a Single Judge order upholding the orders of August 11, 2000.

In the impugned order, the Single Judge dismissed pleas against the acquisition and also directed the authorities to use force, if necessary, to dispossess the claimants.

He had said that the respondent-authorities must "dispossess the petitioners or persons claiming through him in respect of the land in question by use of force and form a park to be maintained by the Chennai Corporation."

The petitioners claimed that their father, Viswam, was given the plot by way of "oral gift" by landowners in 1950. In 1965, Viswam was served a notice for passing award under the Land Acquisition Act. During his lifetime he did not challenge the acquisition proceedings.

Lands measuring over 330 acres were acquired in 1958 for constructing 3,636 residential flats in Ashok Nagar.

Dismissing the appeal on Friday, the Judges observed that it was clear from the impugned judgment that the title of the land vested with the Tamil Nadu Housing Board, and ruled that the appeal was liable to be dismissed.

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