P SUNDAR Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE appellants have unsuccessfully challenged the acquisition proceedings before the learned single Judge, resulting in their filing this writ appeal. Background of the case:

(2.) AN extent of 4.06 acres of land comprised in S.Nos.148/4,7,8,9; 151/13 and 14 of Chembarambakkam village, Sriperumbudur Taluk, then Chengalpattu District and now in Kancheepuram District, classified as 'dry lands', were sought to be acquired by the Government for providing house sites to the poor Adi Dravidars of Chembarambakkam village. Accordingly, a Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was issued in G.O.Ms.No.3089, dated 28.12.1983 and was published in the Government Gazette on 4.1.1984. Section 5-A enquiry was conducted on 15.2.1984 and Declaration under Section 6 of the Act was issued on 10.3.1984 and ultimately an Award under Section 11 of the Act was passed on 29.3.1984. The compensation amount of Rs.47,348/= was deposited with the Sub Registrar of Sriperumbudur under revenue deposit on 31/3/1986.

(3.) MR.C.Selvaraj, the learned senior counsel appearing for the appellants would argue that no actual possession was taken till date by the Land Acquisition Officer and therefore, the learned single Judge ought not to have dismissed the writ petition on the ground that the appellants cannot question the land acquisition proceedings after the award has been passed. In support of his arguments, the learned senior counsel would rely on the judgments of the Honourable Apex Court in PRAHLAD SINGH vs. UNION OF INDIA [(2011) 5 SCC 386] and BANDA DEVELOPMENT AUTHORITY vs. MOTI LAL AGARWAL [(2011) 5 SCC 394]. He would further argue that the original owners themselves being Adi-dravidars, their lands should not have been acquired by the respondents, in order to provide house sites to other Adi Dravidars.