GOWRAPPAN Vs. SANTHOSH BABU DISTRICT COLLECTOR

JUDGEMENT

(1.) BEING aggrieved by the dismissal of the Contempt Petition in C.P.No.921 of 2009 dated 11.7.2011, appellants have preferred this Letters Patent Appeal.

(2.) BRIEF facts are as follows: The dry land situated at No.124, Kothapetta village, Krishnagiri Taluk, Krishnagiri District in Survey No.1/1 etc., measuring 8.77 acres was acquired for construction of houses to Adi Dravidars under the provisions of Land Acquisition Act. Section 4(1) notification was approved on 22.3.1994 and after approval published in G.O.3D No.385 Adi Dravidar & Tribal Welfare Department on 10.6.1994. Section 5-A enquiry was conducted on 31.7.1984 and award was passed by the 2nd respondent in Award No.4/1994-95 dated 24.3.1995.

(3.) THE constitutional validity of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act No.31 of 1978) was challenged in the Madras High Court by various land owners and the Madras High Court declared Act No.31 of 1978 as unconstitutional and struck down the said Act. Aggrieved by the same, Government preferred S.L.P. before the Supreme Court of India and the said S.L.P. was allowed on 22.11.1994. While passing the final orders, the Honourable Supreme Court held that the proceedings taken under the Central Enactment - Land Acquisition Act, 1894 for acquisition of land for Harijan Welfare Schemes, where award has been passed, cannot be reopened and in all other cases the proceedings initiated under the Central Enactment will be void.