(1.) Challenge in this writ petition is to the Award dated 29.08.1996 made in L.A.O.P.No. 4 of 1990 on the file of Subordinate Court, Nagercoil. The petitioner is a Co-operative Society governed by the Tamil Nadu Co-operative Societies Act. The land comprised in T.S.No.J4/13-1 in the village of Nagercoil, Agastheeswaram Taluk in Kanyakumari District belonged to the respondents 3 and 4 herein. For a public purpose, the petitioner made a request for acquiring these lands. Accordingly, acquisition proceedings were initiated and the same was completed. Thereafter, a Reference under Section 18 of the Act was made at the request of respondents 3 and 4 for determination of just compensation. The learned Subordinate Judge, Nagercoil took up the matter on a reference made by the District Collector. In the said proceedings before the learned Subordinate Judge, Nagercoil, no notice was served on the petitioner. However, on considering the evidence and other materials available on record, the learned Subordinate Judge, Nagercoil enhanced the compensation. Challenging the same, the petitioner is now before this Court.
(2.) It is contended by the petitioner that before passing the Award, no notice was served on the petitioner. Therefore, according to the petitioner, the entire Award proceedings is vitiated and the Award is liable to be set aside. For this proposition, the learned Counsel for the petitioner relied upon a decision of a Division Bench of this Court in Indian Rare Earths Ltd. v. The Sub Collector, 1987 1 MadLJ 189 and a Judgment of the Hon'ble Supreme Court in Neelagangabai and Anr. .v. State of Karnataka and Ors., 1990 3 SCC 617 The learned Counsel for the petitioner would point out that Section 20 of the Land Acquisition Act 1894 has been amended by the Land Acquisition (Tamil Nadu Amendment) Act 1989 (Tamil Nadu Act 14 of 90) and by the said amendment, sub-clause (d) to Section 20 has been introduced, which states that if the acquisition is not made for the Government, the person or authority for whom it is made is also entitled for notice and this notice is stated to be mandatory.
(3.) I have heard the submissions made on either side and perused the records carefully.