KANNIAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the above writ petition seeking to issue a writ of certiorarified mandamus calling for the records of the first respondent relating to the acquisition of petitioner's land measuring 3.92 acres in S.No.85/4 in Kalur Village, Kancheepuram Taluk, Chengai MGR District and published in Government Gazette Supplement, Part II, Section 2, dated 21.12.1983 and Section 6 declaration published in the Tamil Nadu Government Extraordinary dated 12.3.1984 and the award of the second respondent in Award No.4/83-84 dated 28.3.1984 and to quash the same and further forbearing the respondents from dispossessing the petitioner from lands pursuant to the impugned award.

(2.) IN the affidavit, it is stated by the petitioner that the petitioner is the owner of the land measuring to an extent of 3.92 acres in Survey No.85/4 in No.44, Kalur village, Kancheepuram Taluk, which is required for providing house sties to Adi Dravidars of Kalur and Vitchanthangal village. Hence, a notification under Sec.4(1) of the Land Acquisition Act was issued and the same was published in the Tamil Nadu Government Gazette on 21.12.1983. Notice for an enquiry under Sec.5-A of the Act was issued and the petitioner has also putforth his objections stating that there are alternative lands available including poramboke lands and as the land sought to be acquired is used as Kalam by the land owners, the acquisition proceedings should be dropped. The first respondent after overruling the objections made by the petitioner, issued declaration under Section 6 of the Land Acquisition Act and the same was published in the gazette on 12.3.1984.

(3.) THE learned senior counsel further argued that after declaration under Sec.6 of the Act, the Collector has to take steps under Sec.7 of the Act for acquisition. As per Sec.8 of the Act, the land has to be marked out, measured and planned by the Collector. THEn, as per Sec.9 of the Act, the Collector shall cause public notice stating that the Government intends to take possession of the land and that claims to compensation by all interests in such land may be made to him. Under Sec.10 of the Act, the Collector has got power to require and enforce the making of statements as to names of the interested persons, earlier than fifteen days after the date of requisition. Under Sec.11 of the Act, enquiry has to be conducted by the Collector as per the provisions. No award shall be passed by the Collector under this Sub-section without the prior approval of the appropriate Government or of such officers at the appropriate Government may authorise in this behalf. Under Sec.12, award becomes final. Once award is filed in the Collector's Office under Sec.12(2) the Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives, when the award is made.