LAWS(MAD)-2000-6-51

N CHELLADURAI Vs. GOVERNMENT OF TAMIL NADU

Decided On June 30, 2000
N. CHELLADURAI Appellant
V/S
GOVERNMENT OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, MADRAS-9 Respondents

JUDGEMENT

(1.) AGGRIEVED by the land acquisition proceedings initiated by the respondents for the public purpose, namely, for formation of a Neighbourhood Scheme, the petitioner has filed the above writ petition.

(2.) AFTER taking me through the various averments in the affidavit filed in support of the above writ petition, learned counsel for the petitioner has raised the following contentions: (1) The respondents have not conducted proper enquiry in terms of Section 5-A of the Land Acquisition Act (Central Act) and Rule 4(b) of the Land Acquisition Rules; (2) The local publication was not made in the Dailies having circulated in the locality where the land situates. On the other hand, learned Government Advocate, after taking me through the impugned proceedings as well as the counter affidavit filed by the first respondent, would contend that the respondents have fully complied with the mandatory provisions of the said Act and Rules and there is no defect or error in the acquisition proceedings, accordingly prayed for dismissal of the writ petition.