SHANTHILAL M THAKKER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners originally challenged the award proceedings which was dated 22.9.1986 under the Land Acquisition Act. By a subsequent amendment to the prayer in the Writ petition, the petitioners attack the Notification under Sec.4(1) of the Land Acquisition Act which was published on 31.3.1982 and the declaration which was published on 21.11.1984.

(2.) THE lands were acquired for providing a splay at the junction of Dr.Alagappa Road and Gangadeeswarar Koil Street, within the limits of Corporation of Madras. THE petitioners purchased the lands in June, 1986 long after the declaration under Sec.6 of the Land Acquisition Act. Only at the stage of award proceedings, the petitioners came in. THEy had filed their objections during the award inquiry.

(3.) PER contra, learned Advocate appearing for the State and the Corporation contend that the petitioners are being subsequent purchasers after declaration under Sec.6 of the Act and they have come into picture only at the stage of the award proceedings, this court should not exercise discretionary jurisdiction in favour of the petitioners. Learned counsel for the Corporation of Madras pointed out that all other lands which are the subject matter of acquisition have been taken possession except this piece of land which belongs to the petitioners. Learned Advocate for the State contends that Notification under Sec.4(1) of the Land Acquisition Act shows that only an approximate extent is notified and as such there is nothing wrong if a larger extent is acquired within the survey number.