ISMAIL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) In this writ petition, the acquisition of land by the respondents under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act 1978 ( Tamil Nadu XXXI of 1978 ) is being challenged. Though several contentions have been raised it is unnecessary to deal with them as the writ petition is to be allowed on the question relating to non-compliance with the provision contained in Section 4(2) of the Act. For convenience the aforesaid provision is quoted hereunder.

(3.) In the present case, though counter has been filed, there is no assertion to the effect that notice as contemplated under Section 4(2) has been issued to the petitioner before publication of the Gazette dated 1.11.95. In fact, it appears that only after publication of the Gazette dated 1.11.1995, a notice was issued to the petitioner for the first time in Form No.III on 21.12.1995. Notice under Form No.III relates to the question of the award. On the other hand notice under Section 4(2) is in Form No.I. Such a notice has not been issued.