SEMBANNA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SECTION 4(1) Notification under G.O.Ms.No.879 (H & UD) dated and SECTION 6 Declaration in G.O.Ms.No.447 (H & UD) dated are the subject matter of the challenge in this writ petition seeking for the writ of Certiorarified Mandamus requesting this Court to quash the same and forbear the respondents herein from acquiring the petitioners" agricultural lands situate in Kottagoundampatti Village, Omalur Taluk, Salem District.

(2.) ACCORDING to the petitioners, they, the members of the Joint Hindu Family are owning 37.5 Hectares in Kottagoundampatti village and in the said lands they constructed a tiled house in which they are residing and they have also installed electric motor pump sets after sinking three wells and two bore wells and for irrigation purposes they have put up P.V.C. pipes of more than 1000 metres with considerable cost. In the above lands there are several palmyra trees and coconut trees besides the said three wells and two bore wells. Suddenly, they noticed the publication dated 5.7.1991 that the above lands are to be acquired for construction of the houses for Tamil Nadu Housing Board under Salem Neighbourhood Scheme. They sent their objections on 1.10.1991 and attended the enquiry on 9.10.1991. Even without following the mandatory provisions of Rule 3(b) and (C) of the Land Acquisition (Tamil Nadu) Rules framed under the Act and without considering the objections, the Declaration under Section 6 had been published in the Tamil Nadu Government Gazette dated 21.7.1992. Hence, this writ petition.

(3.) WITH reference to this additional ground, the counter has been filed only by the third respondent. As indicated above, he has also projected his stand with reference to the additional ground in their impleading petition in W.M.P.No.27770 of 1999. Their contention as mentioned in the impleading petition and the counter is given below:-