NALLIAYA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A notification was issued by the first respondent in G.O.No.120, Municipal Administration and Water Supply Department dated 29.08.2007 publishing a notification under Section 4(1) of the Land Acquisition Act, 1894 for the acquisition of a total extent of 8.55.0 Hectares of land comprised in S.F.No.481/1/, 481/2 and 482 (part) in Palakapalayam Village, Tiruchengode Taluk, Namakkal District for the purpose of providing a compost yard for Komarapalayam Municipality. The Government also decided to use the emergency powers available under Section 17 of the Land Acquisition Act for effecting acquisition of lands by dispensing with the enquiry under Section 5-A of the Act. The Revenue Divisional Officer, Tiruchengode (second respondent) was authorized to exercise the powers of the Collector in respect of the proposed acquisition. Such a notification in exercise of the powers of the Governor under Section 17(4) has also been incorporated in the impugned Government Order.

(2.) The petitioner Nalliaya Gounder and seven others are the joint owners of the above said land proposed to be acquired. Soon after the publication of the above said Government Order, the petitioner approached the Court with the present writ petition praying for the issue of a writ of certiorarified mandamus calling for the records relating to the above said notification and to quash the same and for a further direction forbearing the respondents from initiating further proceedings under the Land Acquisition Act in respect of the above said lands. Besides contending that the said land was selected for providing a compost yard for the Komarapalayam municipality even though more extent of waste poramboke land belonging to the Government are available, the petitioner has also contended that the invocation of the emergency provision dispensing with Section 5-A enquiry is unsustainable as there was no urgency and the notification also does not refer to the nature of urgency. Further ground raise by the petitioner is that the cultivable lands, which are used for cultivation, being the main source of income for the petitioner, are sought to be snatched from him using the eminent domain for the purpose of a waste management yard without even giving an opportunity to the petitioner to put forth his objection for the proposed acquisition. The petitioner has also contended that in the surroundings of the land proposed to be acquired, there are a number of educational institutions and several residential colonies and the creation of a waste management yard exposed to open air and light would pose a potential health hazard to the residents of the neighbouring villages and several thousands of students studying in the neighbouring colleges and schools. Based on the above said contention, the petitioner has sought for the issuance of a writ of certiorarified mandamus for the quashing of the notification and for a direction forbearing respondents 1 and 2 from proceeding further with the acquisition proceedings.

(3.) Since the waste management yard / compost yard was proposed to be created for the benefit of Komarapalayam Municipality, the Commissioner of Komarapalayam Municipality got impleaded as the third respondent.