A single Judge’s order re-conveying nearly an acre to a person from whom it was acquired has been set aside by a Division Bench of the Madras High Court.
Citing a Supreme Court judgment in January this year, a Bench consisting of Justices Elipe Dharma Rao and Paul Vasanthakumar said if the acquired land had been transferred to another agency, the government could not exercise power under the Land Acquisition Act to reconvey it to the original owner.
In its appeal, the Tamil Nadu Housing Board challenged the order of a single Judge reconveying 1.06 acres at Nolambur in Ambattur taluk to S. Gajendran.
The land had been acquired and was not challenged. However, as it was not used for the purpose it was acquired for, Mr. Gajendran claimed re-conveyance under the Land Acquisition Act. He also filed a writ petition.
A single Judge, relying upon an order of a Division Bench of the High Court, directed the government to return the land to Mr. Gajendran. Hence, the present appeal.
The Bench set aside the single Judge’s order and allowed the appeal.
