ANNAVU CHETTIAR Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

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

(2.) The petitioners have prayed for quashing the proceedings in Na.Ka.Em5/29142/96 dated 03.04.1998, acquiring the petitioners' nanja wet land in RS.No.52/2B (0.05.0 Ha.) in Elandurai Village of Tirukoilur taluk, in purported exercise of power under section 4(1) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 hereinafter called as 'the State Act'. Though several contentions have been raised by the learned counsel appearing for the petitioners, it is not necessary to notice all such contentions, as in my opinion, the contention relating to lack of jurisdiction of the District Revenue Officer to exercise power under Section 4(1) of the State Act is well founded. Section 4(1) is extracted hereunder: Power to acquire land.- (1) Where the District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section.

(3.) It is not disputed that in the present case, the notification was issued by the District Revenue Officer, Villupuram. The contention of the petitioner is to the effect that under Section 4(1) of the State Act, the statutory power has been conferred on the District Collector to come to necessary conclusion regarding acquisition of any land under the State Act, and as such the power cannot be exercised by the District Revenue Officer.