M NARASIMHA REDDY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have challenged the land acquisition Notification and Declaration made under Sections 4 & 6 of the Land Acquisition Act in respect of 39 cents out of 69 cents in S.No.671/1, Hosur Village and Taluk. The aforesaid land along with other undisputed land belonged to K.C. Maran, S.T. Thotlan, C. Kondappa Naidu, B.N. Nandish and R. Venkatesan, who had purchased the same from M. Narayana Chetty under registered sale deed dated 9.4.1975. On 23.4.1975, R. Venkatesan released his 1/5th interest in favour of other four persons and thereafter by document dated 2.5.1979, C. Kondappa Naidu sold his 1/4th interest in favour of one M. Balu, who thus became the joint owner of the land along with K.C. Maran, S.T. Thotlan, and B.N. Nandish. In a suit for partition numbered as O.S.No.75 of 1987, a preliminary decree was passed on the basis of a compromise and subsequently final decree was passed on 20.4.1987 wherein the disputed land along with some other land was allotted to the share of K.C. Maran, S.T. Thotlan, and B.N. Nandish. On the basis of their application, a lay-out plan was approved by the Executive Officer, selection grade town panchayat, Hosur on observation of all other formal requirements. The petitioners have purchased the disputed property along with other properties under various sale deeds. Subsequently, notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was issued indicating Kondappa Naidu (vendor of the petitioners) and 10 others as owners. However, the other co-owners K.C. Maran, S.T. Thotlan, and B.N. Nandish were not shown as interested owners in 4(1) notification or in the subsequent declaration under Section 6 of the Act or in the subsequent award passed by the second respondent. Ten other owners indicated, have no right, title or interest in respect of the disputed 39 cents of land. It is alleged that the aforesaid Kondappa Naidu died on 21.9.1987. 4(1) notification is dated 2.11.1988 which was published in the Gazette on 23.11.1988 and declaration under Section 6 dated 18.12.1989 was published in the Gazette on 19.12.1989. The award was passed on 19.12.1991 and possession is stated to have been taken on 13.8.1992.

(2.) The contention of the petitioners is to the effect that without indicating the names of the owners of the property, 4(1) notification was made in the name of a dead person and subsequently without following the procedure contemplated under Section 5-A read with Rules, Section 6 declaration was also made in the name of a dead person, and therefore, 4(1) notification along with the subsequent award is to be declared as void. The writ petition is filed when possession of the present petitioners is sought to be disturbed.

(3.) Counter affidavit has been filed on behalf of the respondents. It has been indicated that the name of Kondappa Naidu had been shown as the owner in the patta and the petitioners should have applied to the Tahsildar for inclusion of their names in the patta. It has been stated that :