LAWS(SC)-2011-11-4

RAMJI VEERJI PATEL Vs. REVENUE DIVISIONAL OFFICER

Decided On November 02, 2011
RAMJI VEERJI PATEL Appellant
V/S
REVENUE DIVISIONAL OFFICER Respondents

JUDGEMENT

(1.) The appellants were unsuccessful in challenging the acquisition of their land before the Single Judge as well as the Division Bench of the Madras High Court. They are in appeal, by special leave.

(2.) On the requisition of Cholan Roadways Corporation Limited, Kumbakonam (for short, 'the Corporation') for making available land for expansion of their depot, particularly for a workshop, at Chidambaram, the State Government of Tamil Nadu (for short, 'the Government') issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') which was published in the Gazette on March 3, 1989 notifying for general information that the land mentioned therein, namely, land admeasuring 1.45 acres comprised in T.S. No. 14, classified as government wet land in Chidambaram Municipal Town, South Arcot District was needed for the above public purpose. The notification under Section 4(1) was also published in the two newspapers on November 18, 1988 and in the locality on March 27, 1989. The appellants filed objections to the acquisition before the Revenue Divisional Officer (for short, 'RDO'), Chidambaram. The diverse objections to the acquisition were raised; one of such objections being that the other lands behind the existing depot of the Corporation were available and could be used for the purpose for which their land was sought to be acquired. They stated that their family was dependant upon the income from the saw mill existing on the land and by compulsory acquisition of their land, they would be deprived of the sole means of livelihood.

(3.) The RDO considered the objections put forth on behalf of the appellants and submitted his report to the Government on conclusion of the enquiry under Section 5-A of the Act.