NEELAVATHY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Petitioners challenge the acquisition proceedings initiated by the respondents for formation of Neighbourhood Scheme by the Tamil Nadu Housing Board. According to the petitioners, an extent of 1.43 acres in Old Survey No. 1933, Nagercoil village, Agasteeswaram Taluk originally belonged to one Sudalimadan Nadar, who passed away in 1964. After his death, it belonged to his two sons, namely, Mahalingam and Paramarthalingam equally. The above two respective sharers have sold nearly 34 cents in total to 3 persons, namely, Suyambulingam, Henry George and Poulin during 1976 and 1980 by 3 sale deeds by the respective owners. The balance extent of 1.08 acres is included in this writ petition which belong to the petitioners.

(2.) It is further stated that the respondents in order to acquire the said lands along with other lands for the formation of Neighbourhood Scheme by the Tamil Nadu Housing Board, issued a Notification under Section 4(1) of the Land Acquisition Act, 1894, as amended by G.O.Ms.No. 1213, Housing and Urban Development Act dated 17-9-91. The same was published in the Gazette dated 11-12-1991. Though the petitioners are owners, their name was not mentioned and there was no notice till date of filing of the writ petition. Followed by the said Government Order, the first respondent issued a declaration under Section 6 of the Act in G.O.Ms.No. 854 dated 14-12-92 and gazetted on the same date. Here also, the owners of the land were not shown as interested persons. Till date, no notice and the petitioners herein came to know about this only during September, 1995. Immediately the petitioners 2 and 5 made written representations to the Collector in September, 1995. Till date, there is no reply; hence the present writ petition.

(3.) The first respondent has not filed counter affidavit with reference to the various averments made by the petitioners. The 2nd respondent has filed a counter affidavit in W.P.M.P.No. 35046 of 2002 stating that the acquisition proceedings is for public purpose, as defined under Section 31 of the Land Acquisition Act, 1894. The 4 (1) Notification in this case was caused on 11-12-1999 and was published in Kumari Murasu and Athirstam dated 11th and 12th December, 1991 respectively. These two dailies are mostly circulated in Kanyakumari District, particularly in the locality. Section 6 Declaration was published in Tamil Dailies Dhinathoothu and Makkalkural on 15-12-92. These two dailies have got large circulation including the locality where the land is situated. Except the above statement regarding publication in two dailies and their circulation in the local area, no other information has been furnished either by the respondents.