NESAMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition has been filed praying or a Writ of Certiorarified Mandamus, to call for and quash the impugned notice, dated 16.10.2008, published in G.O.Ms.No.189, Industries (SIPCOT-LA), issued under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, in so far as it relates to the land belonging to the petitioner, measuring an extent of 92 cents, comprised in Survey No.123/1C, Chennakuppam Village, Sriperumbudur Taluk, Kancheepuram District.

(2.) THE petitioner has stated that she is the absolute owner of the land in question, as she had purchased the same, under a registered sale deed, dated 10.10.1996, registered as Document No.211 of 1997, in the Office of the Sub-Registrar, Walajabad. Since then she has been cultivating the same, along with the lands owned by her husband and her other family members.

(3.) THE learned counsel for the petitioner had further submitted that the respondent authorities had not followed the mandatory provisions prescribed by the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, before acquiring the lands belonging to the petitioner. THE District Collector, Kancheepuram District, the third respondent herein, had not applied his mind before satisfying himself that there was a necessity of initiating the land acquisition proceedings, in respect of the land belonging to the petitioner. Even though the acquisition of land could be done for the setting up of industries by the Government, the acquisition of lands cannot be made for the purpose of conveying the said lands to private business houses. Unlike the provisions of the Land Acquisition Act, 1894, the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, does not provide for the acquisition of lands for the purpose of allotment to private companies. In the present case the acquisition proceedings had been initiated in the name of SIPCOT, in order to allot the acquired lands to private companies, without constructing the necessary buildings, or making other developments. Thus, the land acquisition proceedings are contrary to the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, and the Constitution of India.