GOVINDASAMY Vs. COLLECTOR OF DHARMAPURI DISTRICT

JUDGEMENT

(1.) Aggrieved by the Notification issued under Section 4(1) of Tamil Nadu Harijan Welfare Scheme Act, 1973 published in the District Gazette dated 12.10.1995 relating to acquisition of land in Survey No.57/3 of Chinnamatarapalli Vaillage, Krishnagiri Taluk, Dharmapuri District, the petitioner has filed the above writ petition to quash the same on various grounds.

(2.) The case of the petitioner is briefly stated here under:- According to him, he is physically handicapped with blindness in one eye and deafness and being the owner of about 5 acres of land in Survey No.57/3, Chinnamittarapalli Village, Krishnagiri Taluk. He is depending upon the agricultural income from the said land. An extent of 1.48.0 hectare of land was sought to be acquired by the Government of Tamil Nadu for providing house sites to houseless Adidravidars. Initiallay, notification under Section 4(1) of the Land Acquisition Act (Central Act) was published in the Gazette on 12.01.1994 in Dailies on 13.01.1994 and the substance was also published in Village on 10.02.1994. The petitioner appeared for Section 5-A enquiry before the Special Tahsildar (ADW), Krishnagiri and objected to the acquisition proceedings on the ground that he is physically handicapped and solely depending upon the agricultural income. He also donated his land in Survey No.57/3 measuring 7,200 sq.ft. to the Government for the purpose of constructing Government Health Sub-Centre in the Village by a registered document dated 16.11.1982 and another piece of land measuring 3 cents in the same Survey number to the Government for the purpose of constructing a Panchayat Office by a document dated 17.09.1993. While so, after the judgment of the Supreme Court upholding the provisions of Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act in short) the Government of Tamil Nadu has caused publication of Section 4(1) notification in the District Gazette, Dharmapuri dated 12.10.1995, which is impugned in this writ petition. At this stage, questioning the same, the petitioner has filed the above writ petition.

(3.) Pursuant to the notice, the District Collector, Dharmapuri has filed counter affidavit disputing various averments made by the petitioner. It is stated that though the acquisition was initially under the Land Acquisition Act, 1894 (Central Act), subsequent to the decision of the Supreme Court, the said acquisition proceeding was continued by invoking the provisions of Tamil Nadu Act. The respondent is fully justified in continuing the same and prayed for dismissal of the writ petition.