LAWS(MAD)-1990-3-23

A LOGAMMAL Vs. SECRETARY TO GOVERNMENT OF INDIA

Decided On March 06, 1990
A.LOGAMMAL Appellant
V/S
SECRETARY TO GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner's lands of about 700 sq.ft situate in R.S.No:1004/11 part notified under Central Act I of 1894 for acquisition for a project called Mass Rapid System connecting Madras Beach and Luz. THE notification under Sec.4(1) was published the gazette on 12.2.1986 and the declaration under Sec.6 was published on 28.3.1987 gazette. THEreafter, an inquiry under Secs.9(3) and 10 of the Act was held, in which petitioner participated. THE award was made on 31.3.1989.

(2.) THE prayer in the writ petition is to call for the records relating to the notification Sec.4(1) and also declaration under $ec.6 in respect of the petitioner's land and building to quash the same.

(3.) IN answer, the learned Additional Government Pleader would contend that none above objections of the petitioner is sustainable. From the records, he is able to show though the notification under Sec.4(1) was gazetted on 12.2.1986, the substance notification was published in the Tamil Newspaper on 3.3.1986 and in The Hindu 12.3.1986 and the substance of the notification was published in the locality on 4.4.1986. Reckoning 4.4.1986 as the date of publication of notification under Sec.4(1), the declaration made on 28.3.1987 is well within a period of one year.