C NARAYANASAMI NADAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in all these writ petitions have challenged the acquisition proceedings initiated by the Government of Tamil Nadu under the provisions of the Land Acquisition 1894, hereinafter referred to as the " Act " to acquire land about an extent of hectares situate in Palayakayal Village, Srivaikuntam Taluk, Chidambaranar District, purpose of putting up a New Zirconium Sponge Plant and a Titanium Sponge Plant, cost of Rs.240 crores. In order to acquire the land, the Government, after their decision selecting the land for the purpose of establishing of the aforesaid plant, issued a notification as per the Act in G.O.Ms.Nos.833, Tamil Nadu Industries Department, dated 12.9.1989; G.O.Ms.Nos.863, Tamil Nadu Industries Department, dated 28.11.1989; G.O.Ms.Nos.740 741, Tamil Nadu Industries Department, dated 18.10.1989, and caused the same published in the Tamil Nadu Government Gazette, dated 18.10.1989 and 29.11.1989. Government of Tamil Nadu caused a publication of the said notification in Tamil dailies 23.9.1989, 20.10.1989 respectively in " Malai Murasu" and Dina Malar dated 30.10.1989, 31.10.1989,7.12.1989,18.8.1990. In the said notification under Sec.4(1) of the Act, it specified that since it became necessary to acquire the immediate possession of the specified in the schedule thereunder, the Governor of Tamil Nadu thereby directed lands were to be acquired by invoking the provisions of Sub-secs.(1) and (2) of Sec.17 the said Act. It is also specified that under Sub-sec.(4) of Sec.17 of the said Act, Government of Tamil Nadu directed that in view of the urgency of the case, the provisions sec.5-A of the Act would not apply to the case. A similar provision contained in notifications referred to therein above. Having due regard to the provisions of Notification under Sec.4(1) of the Act, it is proper to extract the notification published in of the Tamil Nadu Government gazette. INDUSTRIES DEPARTMENT Acquisition of Lands. (G.O.Ms.Nos.633, Industries (MIA-2), 12th September, 1989). No.II (2) IND/6087/89, whereas in exercise of the powers conferred by Clause (1) of Art.258 of the Constitution of India the President of India has in the Ministry of Food and Agriculture, Community Development and Co-operation (Department of Agriculture), notification 1/65, General II, dated the 23rd April, 1966, entrusted to the Government of Tamil with their consent the function of the Central Government under the Land Acquisition 1894 (Central Act I of 1894), in relation to acquisition of the lands for the purposes Union in the State; And, whereas, the lands specified in the schedule below are needed public purpose, to wit, for the establishment of a New Zirconium and Titanium Sponge at Palayakayal in Srivaikuntam Taluk, notice to that effect is hereby given to all to whom may concern in accordance with the provisions of Sub-sec.(1) of Sec.4 of the Acquisition Act, 1891 (Central Act 1 of 1894); And, Whereas, it has become necessary to acquire the immediate possession of the specified, in the schedule below, the Governor of Tamil Nadu hereby directs that the be acquired under the provisions of Sub-secs.(1) and (2) of Sec.17 of the said Act; Now, therefore, in exercise of the powers conferred by Sub-sec.(2) of Sec.4 of the said the Governor of Tamil Nadu hereby specifically authorises the Special Tahsildar Acquisition), Unit No.II, Zirconium and Titanium, Tuticorin, and his staff and workmen, exercise the powers conferred by the said Subsection. Under Sub-sec. (4) of Sec.17 said Act the Governor of Tamil Nadu hereby directs that in view of the urgency of the provisions of Sec.5-A of the said Act shall not apply to this case."

(2.) IT is stated that after the publication of the notification as aforesaid, the Government Tamil Nadu caused a declaration under Sec.6 of the Act in G.O.Ms.No.957,958 and 960, dated 21.12.1989 to be published in the Tamil Gazette, dated 2212.1989. The Government of Tamil Nadu caused the said declaration published in the Tamil dailies, namely, "Dinakaran, Dina Thanthi, "Makkal Kural" , etc., 2.1.1990, 3.1.1990, 7.1.1990, 18.1.1990, etc. The Government also caused public notices the substance of the notification to be published in the locality as contemplated under provisions of the said Act on 6.1.1990, 9.1.1990, 10.1.1990 and 22.1.1990. Government after publication of the notification as specified herein, caused a notice Sec.9(1) of the Act to be served on the persons interested and thereafter took possession a portion of the land under acquisition. IT may be relevant to state that the government caused an amendment of notification under Sec.4(1) of the Act for the words and under the provisions of Sub-secs.(1) and (2) of Sec.17 of the said Act", to be read as the provisions of Sub-sec(1) of Sec.17 of the said Act, to be published in the Tamil Government gazette dated 16th February, 1990." IT is at this stage, the petitioners filed the above writ petitions for the issue of a writ of certiorari to quash the notification under Sec.4(1) of the Act issued as aforesaid in respect of the acquisition proceedings question.

(3.) THE learned counsel for the petitioners contended that having due regard to the acquisition proceedings, the provisions of Secs.17(1) and (2) of the Act are not attracted. THE learned counsel for the petitioners contended that the writ petitioners came to only when the publication of the notification was made in the Tamil dailies wherein, specified that the government had discussed with the Government of India for the purpose of establishing of a New Zirconium Sponge Plant and a Titanium Sponge Plant and while the entire project to erect the Zirconium and Titanium Sponge Plant is at the stage of embryo and that several stages and constraints have to be gone through before the project is given birth to. It is in these circumstances that the invocation of the provisions of urgency is really not attracted. Secondly, the learned counsel for the petitioners contended that there is a total non-application of the mind for the reasons that even though respondents have had discussion with reference to the bringing up the project in question, they have initiated acquisition proceedings after a long time and that itself shows that was no real urgency. Next the learned counsel for the writ petitioners contended that invocation of Sec.17(1) of the Act can be done only after the publication of declaration under Sec.6 of the Act and the law is well settled that the declaration under Sec.6 of the Act can issued only after the publication of the notification under Sec.4(1) of the Act and in instant acquisition proceedings, since Sec.17(1) of the Act is clubbed with Sec.4(1) of Act, the acquisition proceedings are vitiated. THE learned counsel for the writ petitioners further contended that the lands covered in W.P.No.16229 of 1989 are ear-marked for purpose of the construction of Staff Quarters and these lands are far away from the where the establishment of the proposed plant was planned and it cannot be said that respondents were right in dispensing with the enquiry as contemplated under Sec.5 Act, in so far as the lands ear-marked for construction of staff quarters are concerned. Learned counsel for the writ petitioners contended that the provisions of Sec.17(1) and (4) of the Act cannot be clubbed for the reason that the notification under Sec.17(1) of Act can be issued only after the publication of the declaration under Sec.6 of the Act. learned counsel for the writ petitioner further contended that even for the purpose issuance of notification for acquiring land for the proposed establishment of the plant, Government have taken time from February, 1989 to September, 1989.