C PERUMAL KONAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) While W.P. No. 25424 of 2010 has been filed challenging the order of the fourth Respondent dated 13.5.2010, by which the fourth Respondent has refused to grant No Objection Certificate in respect of Survey Nos. 646/2J and 647/1D to an extent of 0.79.0 Hectares on the basis that the larger extent of land is required for acquisition in respect of sewerage scheme, for which proposal has been sent, and also for a direction to issue No Objection Certificate in respect of Survey Nos. 647/1D and 647/2J, Vellaloor Village, Coimbatore South Taluk, W.P. No. 1242 of 2011 is filed for a direction against the fourth Respondent to issue No Objection Certificate for development of the lands comprised in Survey Nos. 643/1C, 645/1, 645/2, 646/2M and 643/1B, Vellaloor Village, Coimbatore Taluk by the Petitioner.

(2.) 1. The Petitioners in W.P. No. 25424 of 2010 own dry lands in Vellaloor Village, Coimbatore South Taluk in Survey No. 647/1D measuring 0.61.00 Hectares and Survey No. 647/2J measuring 0.18.00 Hectares and the Petitioner in W.P. No. 1242 of 2011, which is a Trust, owns lands in Survey No. 643/1C measuring 1.07 Acres, Survey No. 645/1 measuring 3.40 Acres, Survey No. 645/2 measuring 1.185 Acres, Survey No. 646/2M measuring 1.96 Acres and Survey No. 643/1B measuring 0.22 Acres and the patta in respect of the said lands stands in the name of the Trust.

(3.) 1. It is stated in the counter affidavit filed by the fourth Respondent in these writ petitions that the Municipal Corporation of Coimbatore was in need of certain lands for formation of sewerage farm and requested for acquiring the lands and the lands, including the Petitioners lands which were kept idle, were proposed for such acquisition and proposal was sent by the Revenue Divisional Officer, Coimbatore dated 25.8.2003 for issuance of notification under Section 4(1) of the Land Acquisition Act. A proposal was sent by the District Revenue Officer, Coimbatore to the Special Commissioner and Commissioner of Land Administration, Chennai for publication in the gazette and additional particulars were also furnished and therefore, the entire action is in progress for the purpose of issuance of gazette notification under Section 4(1) of the Land Acquisition Act shortly and at this stage, the No Objection Certificate cannot be granted.