ASIYA MARIYAN Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT FORT ST GEORGE MADRAS

JUDGEMENT

(1.) AGGRIEVED by the land acquisition proceedings initiated by the respondents under the provisions of the Land Acquisition Act (Central Act), the petitioner has filed the present writ petition on various grounds.

(2.) IT is seen that an extent of 1.37.5 hectares of land in Survey No.459/2A of Kodangipatti village. Uthama-palayam Taluk was selected for acquisition for the provision of house-sites to 87 houseless Adi-dravidar families of Kodangipatty village. Accordingly, Notification under Section 4 (1) of the Act was published in the Gazette dated 24.2.1993; in Tamil dailies dated 25.2.1993. in the locality on 26.2.1993 and individual notice in Form 3A was served on the land owners on 30.3.1993 fixing Enquiry under Section 5 (A) of the Act on 27.4.1993.

(3.) THERE is no dispute that one Meera Hussain owned the land in question and after his death in the year 1981, the petitioner and her mother are entitled to 7/8th share and 1/8th share respectively as per Muslim Law. Now the question is whether the petitioner was properly described in the Notification published under Section 4 (1) of the Act and Declaration- under Section 6 of the Act and whether she was given individual notice to submit her objection, if any and to participate in the Enquiry under Section 5-A of the Act.