ANGAPPA ASARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above writ petition has been filed praying to issue a Writ of Certiorari calling for the records relating to the Declaration under Section 6 of the Land Acquisition Act made in G.O.Ms.No.29 Housing and Urban Development, dated 25.1.1999 and published in the `Malai Murasu', dated 29.1.1999 and quash the same.

(2.) The case of the petitioner is that he purchased an extent of 60 cents of land in S.F.No.81 Ganapathy Village, Coimbatore under a registered sale deed dated 11.6.1980 for the purpose of constructing a house therein; that the respondents issued a notification in G.O.Ms.No.597 Housing and Urban Development, dated 14.3.1983 under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the `Act') to acquire the lands of the petitioner along with other lands for the purpose of constructing houses under `Ganapathi Neighborhood Project'; that since the respondents have issued the declaration under Section 6 of the Act in G.O.Ms.No.387 Housing and Urban Development, dated 12.3.1986, without conducting any enquiry as contemplated under Section 5-A of the Act, the petitioner challenged the said Declaration before this Court by filing a writ petition in W.P.No.12411 of 1986 and this Court, by order dated 11.9.1997 allowed the said writ petition thus quashing the declaration under Section 6 of the Act.

(3.) The further case of the petitioner is that thereupon the respondents issued a notice dated 3.8.1998 in Form-B under Section 5-A of the Act requiring him to place his objections within 15 days from the date of service of the said notice and also conducted the enquiry on4.9.1998; that the respondents, have made the declaration under Section 6 of the Act in G.O.Ms.No.29 Housing and Urban Development, dated 25.1.1999 and hence the above Writ Petition on ground that the substance of Section 4(1) Notification was not published in the locality; that the present declaration under Section 6 of the Act was made beyond the period of three years, even after excluding the period during which the previous writ petition was pending i.e. from 18.11.1986 to 11.9.1997.