C MUNUSAMY Vs. DISTRICT COLLECTOR DHARMAPURI

JUDGEMENT

(1.) COMMON Order The petitioner has filed two Writ Petitions, one challenging the notification under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as "the Act") dated 01.10.1997, issued by the Special Tahsildar (ADW), Land Acquisition Officer, Dharmapuri, on the ground that the respondents failed to consider the procedures contemplated under Section 4(2) of the Act, for the reason that even before issuing Section 4(1) notification, they should comply with the procedures contemplated under Section 4(2) of the Act, since the procedures contemplated under Section 4(2) of the Act, are mandatory in nature, and the mandatory notice should have been issued either to the land owner or to the interested persons. But, in the present case, they have not complied with the procedures contemplated under Section 4(2) of the Act by issuing notice to the land owner under Section 4(2) of the Act. The second ground upon which the present Writ Petition came to be filed is also complaining the violation of Section 3(b) of the Act. The other Writ Petition is filed challenging the Award dated 9.7.1998 under the Act.

(2.) ACCORDING to the learned counsel appearing for the petitioner, even if the actions of the respondents are seen, more remarks and objections were received as prescribed under Rule 3(b) of the Rules framed under the Act. Therefore, the petitioner has challenged the Section 4(1) notification, on the ground that the entire proceedings shall be declared as null and void.

(3.) IN reply, the learned counsel appearing for the petitioner submits that even in the draft award dated 09.09.1998, there is no specific word mentioning that this is a draft award or final award. Therefore, the petitioner has challenged the draft award.