Writ petition
G RABI
(Querist) 01 December 2014
This query is : Resolved
A writ petition No.19890 of 1999 was filed by the petitioner at Madras High Court against land acquisition in which a judgement was given in favour of the petitioner quashing the land acquisition proceedings in July 2012. In the same reasons, another petitioner filed writ petition No.14164 of 1999 in the same court which was quashed in Nov. 2012 citing the judgement of writ petition No.19890 of 1999 as precedent. Now, the TN Govt. appealed in Supreme court only against the writ petition No.19890 of 1999 and not against the writ petition No.14164 of 1999. Whether results of judgement will affect the judgement of No.14164 of 1999. Kindly clarify.
ROHIT SHARMA
(Expert) 01 December 2014
Dear Mr. G. Rabi,
1. Well, if the S.C. upholds the H.C. judgement or stays the judgement given in W.P. No. No.19890 of 1999 still this would not automatically provide any relief to the petitioners of W.P. No.14164 of 1999 whose such W.P. has been dismissed ( quashed) by the Madras H.C.
2. Incidentally, as i can see is that the state's petition appeal before the S.C. would not survive since the State cannot enforce acquisition of private land if the same has been set aside by the Madras H.C. and the S.C. would decline to interfere with such judgement of the Madras H.C. unless of course the S.C. has reasons to believe that the Madras H.C. has erred in giving such findings.
3. Usually the state does proceed to file such appeals as a matter of routine and for sake of prestige and not for questioning any lawful misinterpretation of the laws relating to acquisition. The H.C. Judge would have more sense of justice and must have come to such conclusion only after a healthy arguments. I would like to examine the order of he H.C. so that i can infer as to whether the state's appeal before the S.C. would indeed survive.
4. In case you need and feel to have the issue more emphatically examined and like to seek further intense discussion you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
5. Further legal consultation would not form to be part of your free query and some moderate remuneration would need to be paid for such extended consultation.
Devajyoti Barman
(Expert) 01 December 2014
The result of the decision will effect you also if the SC allows the whole land acquisition process encompassing all land came in its fold including yours.
Isaac Gabriel
(Expert) 02 December 2014
Inasmuch the aquisition proceedings stands cancelled, further actions cannot continue.But if the Governments's appeal to Supreme court is allowed,the Government can enforce the acquisition irrespective of the judgements passed agaisnt in the Hig court.
Rajendra K Goyal
(Expert) 02 December 2014
Agree with the expert Devajyoti Barman.
Biswanath Roy
(Expert) 02 December 2014
If the Hon'ble Supreme Court make Rule Decedendii rejecting order of the High Court, similar and identical cases shall bear the same conclusion.
