LAWS(SC)-2009-12-46

R KOLANDAIVELU Vs. GOVT OF TAMIL NADU

Decided On December 11, 2009
KOLANDAIVELU Appellant
V/S
GOVT OF TAMIL NADU Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the owners of lands situated in Salem Taluk No. 151, Ayothiapatnam in the district of Salem, Tamil Nadu (hereinafter referred to as "the acquired lands"). A notification 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. A declaration under Section 6 of the Act was issued on 23rd of December, 1987. Two writ petitions being W.P. Nos. 835 and 836 of 1988 were filed questioning the validity and legality of the aforesaid notification and the declaration before the High Court of Madras. In the pending writ petitions, on 11th of February, 1988, the following interim order was passed:

(3.) Section 11 of the Act deals with enquiry and award by Collector. It says that On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8, and into the value of the land and at the date of the publication of the notification under Section 4, Sub-section (1) and into the respective interests of the persons claiming the compensation and shall make an award under his hand.