T L RADHAKRISHAN Vs. GOVT OF T N

JUDGEMENT

(1.) This order shall cover W.P. Nos. 14028 of 1991 and 8294 of 1994.

(2.) W.P. No. 14028 of 1991 was originally filed by as many as 12 petitioners out of whom first petitioner was allowed to withdraw from the array of petitioners by this Court by order dated 2-9-1998 in WMP No. 19926 of 1996. At the stage of hearing, learned counsel for the petitioners very fairly pointed out that petitioners 5, 6 and 10 would not be in a position to challenge the acquisition because they have not acquired title of the concerned properties prior to the Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was published and notified. Therefore, this petition is pressed only on behalf of rest of the eight petitioners.

(3.) These petitioners claim to be the owners of the land which has been purchased by them from the first petitioner T.L. Radhakrishnan. Learned counsel for the petitioners has furnished the original sale deeds to suggest and show that the petitioners are bona fide owners and holders of proper title in respect of the land in question. The land in question was sought to be acquired by the State of Tamil Nadu and for that purpose a Notification under Section 4 of the Act was published vide G.O. Ms. No. 790 dated 29-7-1993. The publication appears to have been made on 9-8-1993. It is the admitted position that the petitioners who had earlier acquired the title of the place were noticed and they were heard during the enquiry under Section 5-A of the Act. During the enquiry under Section 5-A of the Act, a common plea which was raised by the petitioners before the Land Acquisition Officer as also before this Court was that these lands were covered by the approved lay -outs. However, the objection regarding the acquisition were refuted and ultimately, the proceedings came to be ordered on 18-7-1991 vide Proceedings No. 10625/91 under Sections 6 of the Act. The Notification was published vide G.O.Ms. No. 1144 dated 16-8-1991 and published in the Government Gazette dated 17-8-1991. In short, the challenge is to the land acquisition proceedings.