B VAITHIYANATHAN PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition to issue a writ of certiorari calling for the records relating to Section 4(1) Notification in G.O.Ms.No.73 dated 15.11.2000 and Section 6 Declaration in G.O.Ms.No.4 dated 30.1.2001 of the Land Acquisition Act, on the file of the first respondent and quash the same.

(2.) In the affidavit filed in support of the writ petition, the petitioner has averred that the Government of Pondicherry seeking to acquire the petitioner's land since 1998, the petitioner was objecting for acquiring the land and hence the petitioner's son sent a notice to the respondent on 19.7.1998 and that the respondent issued 4(1) Notification in G.O.Ms.No.73 dated 15.11.2000 for the proposed acquisition of the land comprised in R.S.No.123/2 and 104/12 to the extent of 0.38.50 hectare; that in the acquisition proceedings it was stated that the said land was acquired for ostensible public purpose; that in the said Notification it was stated that 5-A Inquiry was dispensed with; that the petitioner submitted his objection on 20.2.2001 on the very same date, and the respondent authorities issued Section 6 declaration vide G.O. Ms. No. 4 dated 30.1.2001 and that the said G.O. was published in the Government Gazette on 20.2.2001; that the declaration empowers the second respondent to take possession of the lands on the expiry of 15 days of the date of publication of notice mentioned in Section 9(1); that to the knowledge of the petitioner Section 9(1) Notice has not been published; that more than 100 days have been lapsed, but the acquisition process is yet to be concluded, which shows that there is no real urgency in the matter; that in the said circumstances, the petitioner has no option, but to file the present writ petition to issue a writ of caertioarari.

(3.) In the counter affidavit filed on behalf of the respondents it is stated that at the instance of the Government of Pondicherry, the respondents have initiated land acquisition proceedings for the purpose of ravine reclamation at Kalapet Revenue village; that the site Selection Committee Constituted by the Government inspected the place in Kalapet village to examine the spot of the site in R.S.No.104/12 and 123/2 on 9.12.1998 and recommended the site comprised in R.S.No.104/12 and 123/2 for the ravine reclamation purpose in Kalapet village; that the Land Acquisition Officer inspected the site on 3.7.2000 and considering the nature and the purpose for which the acquisition is sought for by the Department of Agriculture and having regard to the ravine reclamation, the question of poramboke site does not arise for consideration; that the site in question are upper berth; that during the rainy seasons rain water gets stagnated without outlet thereby causing damage to the agricultural lands in the said village, besides causing soil erosion; that in order to avoid damage to crops and soil erosion, the Department of Agriculture requested the Government to take steps in ravine reclamation at the Kalapet village; that the respondent submits that considering the nature of the immediate need for the purpose of ravine reclamation, the Government have satisfied specially for invoking urgency clause to acquire the lands comprised in the above said survey numbers in Kalapet village and issued G.O.Ms.73 on 15.11.2000 under Section 4(1) of the Act and Section 4(1) Notification issued by the Government invoking urgency clause under Section 17(4) of the Act in G.O.Ms.73 dated 15.11.2000 and was published in 4 modes, which is as follows: 1. Published in Tamil Daily 'Dinakaran' on 18.11.2000 2.Published in English Daily 'Hindu" on 20.11.2000 3.Published in the State Gazette No.48 on 28.11.2000