M. ALIFULLAH AND Vs. STATE OF TAMIL NADU, REP. BY ITS SECRETARY, ADI-DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, MADRAS,

JUDGEMENT

(1.) This writ petition is for issue of writ of certiorari to call for records relating to the G.O. (3D) No.75, Adi -Dravidar and Tribal Welfare, dated 1.2.1994 issued under Sec. 6 of the Land Acquisition Act and quash the same.

(2.) The petitioners purchased the land on 12.1.1989 in Survey No.121/5 with an extent of 4 acres and 40 cents at Sakkarai Kottai village. The petitioners spent huge amount for putting up barbed fence and for irrigation and they also dug a well. They also planted 100 coconut trees and other trees. Sec. 4(1) of Notification was issued on 7.1.1993 under the Land Acquisition Act for the purpose of providing house sites to Adi Dravidars of Sakkarai Kottai; Enquiry under Sec. 5A was conducted and objections were heard on 8.4.1993. The land purchased by the petitioners at Bharati Nagar was already acquired by the first respondent. For the purpose of providing house sites, alternative sites are available. In view of the fact that there are number of coconut trees in the land proposed for acquisition, acquisition proceedings are illegal. Representation was made on 29.6.1993 requesting to find alternative site for the production of house sites for Adi Dravidars. Further, it is stated that the petitioners have no other land except the land that is sought to be acquired. Some other property of the petitioners was already acquired and they do not have any other income. The first respondent directed the second respondent to submit a report after enquiry on the representation sent by the petitioners. The second respondent by letter dated 30.12.1993 submitted a report after inspection and it was in favour of the petitioners. Without considering the representation, the second respondent passed the impugned order on 1.2.1994.

(3.) In the counter, it is stated that Sec. 4(1) Notification was issued on 7.1.1993. All the formalities have been complied with. Enquiry under Sec. 5A was conducted on 8.4.1993. During the enquiry, the petitioners did not appear even though they received notice. They raised objections stating that they purchased these lands to raise coconut plantations and spent huge amounts and the then Special Tahsildar considered their objections and found them untrue. Declaration under Sec. 6 was issued on 1.2.1994. Declaration under Section -7 was approved by the Government on 9.3.1994. The award enquiry was conducted on 28.3.1994 after observing all the formalities. The petitioners did not appear for enquiry though notices were received by them. Since the petitioners did not come forward to receive compensation, it was kept in revenue deposit in their favour in the Sub -Treasury, Ramanathapuram. The possession of the acquired lands were taken on 29.3.1994. Changes were carried out in the village and taluk accounts. Lay Out plans were approved and house site pattas were issued to Adi Dravidars of Anna Nagar of Sakkaraikottai village on 31.3.1994. It is not correct to say that they spent huge amount for fencing. They have digged the well after approval of Sec. 4(1) notification, only to avoid land acquisition proposals. It is also stated that in the land, there are 41 palmyrah trees aged about 3 to 4 months. Young coconut trees aged about 4 to 6 months are available. These young trees were planted only after the approval of Sec. 4(1) Notification. Petitioners have sufficient lands in other revenue villages. They are also running a bakery by name "Master Bakery". They also have the business, M/s. J.V. Agency in Ramanathapuram town and they have sufficient income in the business. The report by the District Revenue Officer, Ramanathapuram was not in favour of the petitioners. The writ petitioner having known that the lands are under land acquisition, in order to avoid land acquisition proceedings, planted coconut trees. Possession has been taken already after 29.3.1994, after passing the award on 28.3.1994.