ZARIN TAJ BEGUM AND ORS. Vs. LAND ACQUISITION OFFICER AND SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION WORKS) AND ORS.

JUDGEMENT

(1.) THIS writ petition is filed challenging the acquisition proceedings for the purpose of locating the office of the Assistant Engineer, Madras Telephones in the premises belonging to the petitioners.

(2.) IT is seen from the affidavit filed in support of this petition that a notification under Section 4(1) of the Land Acquisition Act was published in the Tamil Nadu Government Gazette, Part II, Section II, dated 1 -10 -1986 in respect of the petitioners' land for the purpose of installing an Electronic Exchange by Madras Telephones. On 9 -6 -1987, an enquiry under Section 5 -A of the Act was also conducted. It is further seen that in spite of the petitioners' objection to the acquisition of their property, the State Government in G.O. Ms. No. 1900 Public (Telephones II) Department, dated 19 -11 -1987, declared that the land belonging to the petitioners was needed for a public purpose by the Telephone Department. After the receipt of notice under Sections 9(3) and 10of the Act, the petitioners caused an enquiry to be conducted regarding Section 6 declaration. It seems that the petitioner also came to know that Section 6 declaration was already published in the Tamil Nadu Government Gazette, dated 19 -11 -1987. It is under these circumstances, the petitioners have come before this court, challenging the land acquisition proceedings.

(3.) WHEN this writ petition came up for admission, notice of motion has been ordered by me on 26 -10 -1989. One common counter affidavit on behalf of first and second respondents and another counter affidavit on behalf of the third respondent have been filed. Mr. J.R.K. Bhavanlham, learned Additional Government Pleader appears for first and second respondents and Mr. R. Jamal Nazeem appears for third respondent.