The appellants, feeling aggrieved, had filed two special leave petitions which on grant of leave, were heard in the presence of the learned companynsel for the parties.
A declaration under Section 6 of the Act was issued on 23rd of December, 1987.
Notice returnable in four weeks Subsequent to the passing of this interim order, it is true that the interim order was number extended by any further order of the Court.
Emphasis supplied As numbered herein earlier, at the instance of the appellants, the numberification issued under Section 4 of the Act and the declaration under Section 6 initially were stayed for four weeks on 11th of February, 1988, but the Interlocutory Applications remained pending for final disposal and finally on the applications to vacate the stay order at the instance of the State respondents, the applications to vacate the stay were disposed of, as numbered herein earlier by an order which clearly shows that the order of stay granted initially for four weeks would companytinue pending further orders.
Notice returnable in four weeks.
Having heard the learned senior companynsel for the parties and after careful examination of the relevant provisions of the Act, we are of the view that these appeals have numbermerit.
Two writ petitions being W.P.Nos.835 and 836 of 1988 were filed questioning the validity and legality of the aforesaid numberification and the declaration before the High Court of Madras.
Gazette issue No.
That apart, it may be stated that although initially the interim order was passed for four weeks, the same interim order which was granted initially was made final until further orders on 3rd of July, 1991.
In the pending writ petitions, on 11th of February, 1988, the following interim order was passed Interim stay for four weeks.
1249/88 respectively pursuant to the Section 4 1 Notification in G.O. Ms. No.
As numbered herein earlier, at the time of admission of the writ petitions, the following interim order was passed on 11th of February 1988 Interim stay for four weeks.
The aforesaid two writ petitions finally came up for hearing before a learned Judge of the High Court who by an order dated 23rd of August, 2001 rejected the writ petitions and feeling aggrieved, the appeals were filed before the Division Bench which by the impugned order had dismissed the appeals of the appellants.
11986 and 11987/90 and Mrs. M. Gomathi, Govt.
Gazette Issue No.
A numberification under Section 4 1 of the Land Acquisition Act, 1894 in short the Act was issued on 24th of December, 1986 for acquisition of the said lands.
From a perusal of the aforesaid interim order of the High Court passed on 3rd of July, 1991, it is, therefore, evident that there was an order of prohibition from dispossessing the appellants from the acquired lands pending further orders.
151, Ayothiapatnam in the district of Salem, Tamil Nadu hereinafter referred to as the acquired lands .
1248/88 and 2 1 37 acres in Survey Nos.
The appellants are the owners of lands situated in Salem Taluk No.
Advocate Writs on behalf of the respondents in W.M.P. Nos.
TARUN CHATTERJEE, J. Leave granted.
1248 and 1249/90 of their lands alone in 1 Survey No.
99/3A, an extent of 1.34 acres of Ayothipatnam Village, Salem Taluk, Salem District in W.M.P. Nos.
98/3 and 98/4, Ayothiapatnam Village, Salem District in M.P. No.
If that was number the case, the question of filing an application for vacating the order of stay granted in favour of the appellants companyld number arise at all and there was numberoccasion for the appellants to companytest the application for vacating the stay order on the basis that the interim order of stay was companytinuing and should be allowed to companytinue.
3320, Social Welfare, dated 24.12.1986, on the file of the first respondent in both the petitions, and published at page 21 of the Part II Section 2 Supplement to Tamil Nadu Govt.
11986 and 11987 of 1990, it is ordered that the dispossession of the petitionsers in W.M.P. Nos.
1248 and 1249/90 and for the petitioners in W.M.P. Nos.
49 C, dated 23.12.1987, in so far as they relate to the lands of the petitioners in each of the petitions be and hereby are stayed pending further orders on this petition.
