IMMACULATE HEART OF MARY SOCIETY Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The above writ petition has been filed praying this Court to issue a Writ of Certiorari calling for the records of the respondents relating to the land acquisition notification of the first respondent as published in page 2 of the District Gazette, Pasumpon Muthuramalinga Thevar District, Special Edition dated 30.1.1996, Sivaganga and quash the same.

(2.) The petitioner is a Society and has filed the above writ petition with the following averments. The Petitioner Society was formed with the noble object of looking after the temporal affairs and to promote spiritual, educational and other interests to do the charitable and benevolent works and that several public oriented institutions like schools and colleges etc. are being run by the Society. The Society, to improve its activities, purchased lands to an extent of 5.38 acres comprised in Survey Nos.444/4 and 445/1. Those lands were purchased by way of two registered sale deeds dated 15.9.1995 on the file of the Sub-Registrar, Madhagupatti, Sivaganga Taluk. Out of this, one acre in S.No.444/4 was purchased from one Arockiasamy, son of Anthony Udayar and the remaining 4.38 acres in S.No.445/1 and 444/4 were purchased from Fr.A.Sebastian, son of Adaikalam. The work for the construction of the building for institutions are already going on in full swing and the total cost of construction is estimated at Rs.20 lakhs. Petitioner came to know that some portion of the lands purchased by it is under acquisition and on enquiry it came to know that the same is being acquired to provide house sites for Adi Dravidas. Though the extent of 2.30 acres (0.92.0 Hectares) has been shown in the notice issued to the said Arockiasamy alone, in fact he was owner of only one acre. The owner of the remaining portion of the land of 1.30 acres was not served with any notice. Coming to know about the acquisition, both Arockiasamy and Fr.Sebastian, filed W.P.12142 and 12143 of 1995. The said writ petitions were allowed following the decision of the Supreme Court reported in (1995)1 SCC 519 and the said order was passed on 7.9.1995. The land that is sought to be acquired viz., 2.30 acres forms part of 5.38 acres, purchased from Arockiasamy and Fr.Sebastian. It appears only Arockiasamy was served with notice under Section 4(2) of the Tamilnadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 and he was informed about the date of enquiry as 19.12.1995. On that day, the said Arockiasamy informed the authorities that he sold his one acre to the Petitioner. But thereafter the petitioner was not served with any notice. After some time, Arockiasamy received a notice and that is one in Form III and Rule 5 of the Tamilnadu Acquisition of lands for Harijan Welfare Schemes Rules, 1978, to fix the compensation. Even though the said notice mentions the name of the petitioner, the petitioner was not served with any notice. For the above reasons, the petitioner has sought for quashing of the notification referred above.

(3.) On behalf of the respondents, a counter affidavit has been filed wherein it is contended that the notice was sent only to Arockiasamy since there was no village records to prove the title of the land with Fr.Sebastian. The notice contemplated under Section 4(2) of the Act 31/78 was served on Arockiasamy on 21.8.1995. Or in other words, Arockiasamy sold the property only after he received notice on 21.8.1995. Petitioner, being subsequent purchaser, cannot question the acquisition and at best it can take part only in the award proceedings. It is also the case of the respondents that since the Supreme Court has ruled that if any award had been passed by 22.11.1994 in respect of acquisitions initiated under the Central Act, the State Government can proceed only under Act 31/78. The fact that W.P.12142 and 12143 of 1995 were pending on the date of serving of notice on Arockiasamy, would not affect the proceedings. The respondents would pray this Court to dismiss the writ petition.