LAWS(MAD)-1990-3-55

THIRUMATHI REETA Vs. STATE OF TAMIL NADU

Decided On March 16, 1990
THIRUMATHI REETA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner is the owner of 7 cents of land in R S. No. 15/3B2 of Salamedu-village. Villupuram Taluk.

(2.) AFTER dispensing with the enquiry under S. 5A of the Laad Acquisition Act, 1894 (hereinafter called the ?Act?) by invoking the urgency provision under S. 17 of the Act, a notification under S. 4(1) and a declaration under S. 6 of the Act were gazetted on 28-10-1981. An errata was published on 27-1-1992 and a further errata was published on 5-5-1982. The petitioner was served with a notice of an enquiry to be held under Ss 9(3) and 10 of the Act and she participated in that enquiry on 2-9-1982 wherein s he claims to have raised objections to the acquisition, Thereafter, the Land Acquisition Officer gave an order on 2-9-1982. Soon thereafter, this writ petition was filed on 20 9-1982 praying for a writ of certiorarified mandamus to quash the S. 4(1) Notification and S. 6 declaration dated 28-10-1981, in so far as the petitioner is concerned.

(3.) IN Collector (Dist. Magistrate), Allahabad v. Raja Ram 1 the Supreme Court has held as follows :