A VEMBULI NAICKER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the owner of lands of an extent of O.12 acres comprised S.No.14/18, O.55 acres comprised in S.No.14/B, O.56 acres comprised in S.No.14/3B, acres comprised in S.No.14/4B, 0.06 acres comprised in S.No.84/2, 0,33 acres comprised S.No.85/1, 0.30 acres comprised in S.No.85/2, 0.92 acres comprised in S.No.86/1, acres comprised in S.No.86/2, 0.72 acres comprised in S.No.87/2 in all measuring 4 and 73 cents situate in Vanaga-ram village, Village No.79, Saidapet Taluk, Chingleput District. THE petitioner has utilised the lands for the purpose of manufacturing bricks in name and style of "Mahavishnu Brick Works" under I.S.I.No.18/03/O604/PMT SSI, 14.10.1980.

(2.) THE Government of Tamil Nadu initiated acquisition proceedings under the provisions the Land Acquisition Act, (hereinafter referred to as the Act) for the purpose of formation Madura-voyal Neighbourhood scheme and issued notification under Sec.4(1) of the G.O.Ms.No.857, Housing and Urban Development, dated 26.8.1985 specifying that the specified therein were needed for public purpose to wit for the formation of Maduravoyal Neighbourhood Housing Scheme sponsored by the Tamil Nadu Housing Board and published the said notification in the Tamil Nadu Government Gazette dated 25.9.1985 and published the said Notification in the local dailies viz., Daily Thanthi and News Today 30.9.1985. THE public notice of the substance of the said Notification was given in locality by beat of tom-tom on 1.10.1985. THE land specified therein are about an extent 54.65 acres inclusive of petitioner's lands in Vanagaram village, Saidapet Taluk, Chingleput District. THE petitioner raised objection with reference to the said acquisition on 19.11.1985. THE Land Acquisition Officer forwarded the said objections to the Requisition Department viz., Tamil Nadu State Housing Board. THE Tamil Nadu State Housing Board communicated their views overruling the objections. It is stated that the Land Acquisition communicated the view of the Tamil Nadu State Housing Board to the petitioner 13.4.1986 even though the writ petitioner stated that the writ petitioner had not received the views of the State Housing Board. THEreafter, the Land Acquisition Officer conducted enquiry under Sec.5-A of the Act, but it is not stated as to when the Land Acquisition Officer conducted the enquiry. According to the petitioner,- the Land Acquisition Officer might have conducted the enquiry before the views of the requisition department were obtained. THEreafter, the Government on consideration of the report of the Land Acquisition Officer issued a declaration Sec.6 of the Act in G.O.Ms.No.1525, Housing and Urban Development, dated 28.9.1986 published the same in the Tamil Nadu Government Gazette dated 29.9.1986. It is stage, the petitioner has filed the above writ petition for issue of writ of certiorari the notification issued under Sec.4 of the Act in G.O.Ms.No.857, Housing and Development Department, dated 26.8.1985 and the declaration issued under Sec.6 Act in G.O.Ms.No.1525, Housing and Urban Development Department, dated 28.9.1986 published in the Tamil Nadu Government Gazette dated 25.9.1985 and 29.9.1986 respectively.

(3.) IN reply, the Government Advocate contended that the public purpose specified in Notification is for the formation of Maduravoyal Neighbourhood Scheme sponsored Tamil Nadu Housing Board and that cannot be said to be vague, as contended by the counsel for the petitioner. The learned Government Advocate further contended public notice of the substance of the Notification was given in the locality by beat of as required under the rules, on 1.10.1985. The learned Government Advocate contended that the objections raised by the writ petitioner for the proposed acquisition forwarded to the requisition department and the views of the requisition department receipt, were communicated to the writ petitioner on 30.4.1986. The learned Government Advocate further contended that Sec.6 declaration was published in the Government on 29.9.1986, which was within one year from the date of the publication of the notification in the locality which was done on 1.10.1985 and consequently the impugned proceedings not vitiated.