LAWS(MAD)-2020-7-57

RAVISAM Vs. GOVERNMENT OF TAMIL NADU

Decided On July 22, 2020
Ravisam Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 24.6.2019 of the learned Single Judge delivering a common judgment in two writ petitions, one of which W.P.No.3640 of 2001 was filed by the appellant challenging the acquisition proceedings under the Land Acquisition Act, 1894 (for brevity, "the 1894 Act") with a prayer to quash notifications under Sections 4 and 6 of the said Act, whereby land measuring 3.03 Acres of SF.Nos.411/1 and 411/2 in Vilankurichi Village, Coimbatore North Taluk, has been acquired. This appeal is, therefore, confined only in relation to the said land that concerns the appellant, who was the writ petitioner in W.P.No.3640 of 2001.

(2.) The land has been acquired for a Housing Scheme, namely, Ganapathy Neighbourhood Scheme Phase 2 in Coimbatore. The notification under Section 4 of the 1894 Act, that was published in the gazette is dated 20.3.1991, and was also subsequently published in the newspapers as well as in the locality, the dates whereof are different. The notification dated 26.5.1992 under Section 6 of the 1894 Act was published in the official gazette on 28.5.1992. The schedule appended to the said declaration in relation to the plots in question are relevant, keeping in view the nature of the controversy raised by the appellant. In the Section 4 gazette notification, the following description is given with regard to the survey numbers, which includes Plot Nos.411/1 and 411/2:

(3.) The same description indicating the names in detail were again repeated in the notification under Section 6 of the 1894 Act, which is extracted herein under: