C SUBRAMANIAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition was originally filed by eight (8) persons. The petitioners 1 and 4 viz., C.Subramanian and C.Arumugam died during the pendency of the writ petition. Therefore, their legal representatives, who are petitioners 9 to 14 were subsequently added. This writ petition has been filed challenging the declaration made under Section 6 of the Land Acquisition Act under G.O.Ms.No.474, Housing and Urban Development Department dated 28.11.2000 and the consequential proceedings.

(2.) The land in question comprised in Survey No.216/1 at Vilankurichi Village, Coimbatore Taluk is owned by the petitioners. With a view to acquire the same for public purpose, a notification was made under Section 4(1) of the Land Acquisition Act (hereinafter called as Act) under G.O.Ms.No.367, Housing and Urban Development Department dated 15.03.1991. The same was published in the Tamil Nadu Government Gazette on 24.04.1991. On 03.05.1991, it was published in a local daily viz., Pirpagal (gpw;gfy;) and in another daily Murasoli (Kubrhyp) on 05.05.1991. The publication in the locality was made on 30.05.1991. The said date viz., 30.05.1991 is crucial for the issues involved in this writ petition. Subsequently, under G.O.Ms.No.2611 dated 25.05.1992, a declaration under Section 6 of the Act was made in respect of the said land. It was published in the Tamil Nadu Government Gazette on 27.05.1992 followed by paper publication and locality publication. The petitioners challenged the said acquisition proceedings by filing a writ petition in W.P.No.11644 of 1992. While admitting the writ petition, this court granted interim stay of the proceedings on 27.08.1992. On 02.12.1999, the writ petition was allowed and the declaration made under Section 6 of the Act was set aside, however, with liberty to the respondents to hold enquiry under Section 5 (A) of the Act and to proceed further in accordance with law.

(3.) Thereafter, enquiry under Section 5(A) was held on 21.05.2000 and objections from the petitioner was received on 26.05.2000. After completing the said legal formalities, the Government issued a declaration under Section 6 of the Act under G.O.Ms.No.474 dated 28.11.2000. Paper publication of the said declaration was made on 01.12.2000. Immediately thereafter, the petitioners have come up with this writ petition seeking to quash the entire acquisition proceedings.