PERIASWAMY Vs. SPECIAL TAHSILDAR ADI DRAVIDAM WELFARE VRIDHACHALAM

JUDGEMENT

(1.) The facts leading to the Writ Petition, shortly, are as under: R. S. No. 272/10-B and R. S. No. 303/5-B Chinnaparur village, Vridhachalam taluk, South Arcot District, is a joint family property belonging to the petitioner and the other members of his family. A proposal was WOOW out to form a path-way to the burial ground for the use of the Harijans of the locality. 7berefom, acquisition proceedings were started for this avowedly public purpose, under the provisions of the Tamil Nadu Act 31 of 1978. The petitioner, along with others, submitted objections stating that there was no need for forming a separate path-way to the burial ground for use by the Harijans; there was a regular road leading to the burial ground which Could be utilised by the Harijans also, and for the formation of pathway there was no need to acquire lands by disturbing the owners of cultivable lands.

(2.) However, what happened was, in W. P. No. 797 of 1978, this court struck down Act 31 of 1978 as vires and offending Article 14 of the Constitution. 7hereupon, instead of proceeding with acquisition of land under the said Act, acquisition was resorted to under the Land Acquisition Act, 1894. By G. 0. Ms. No. 10, Social Welfare, dated 22nd January 1982, Section 4(1) notification was approved and the same was published in the Tamil Nadu Government I Will do well 409 exempt that notification at this stage, became very much turns the saw: "Whereas, it appears to the Government of Tamil Nadu, that the lands specified below and situated in Chinnaparur village, South Arcot District, am needed for a public purpose, to wit, for low PON of to burial ground, notice to that effect is hereby-given to all to whose it own concern in accordance with the provision of sub-section (1) of Section 4 ct do Land , Act, 104 (Clents Act I of 1894); And whereas, it has become necessary to acquire immediate possession of the lands specified below,the Governor of Tamil Nadu hereby direct& that the lands be acquired under the provisions of sub-section (1) of Section 17 of the said Act; Now, therefore, in exercise of the powers conferred by sub-section (2) Of Section 4 Of the said Act, the Governor of Tamil Nadu hereby authorises the Special Tahsildar (Adi Dmvidars Welfare), Vridhachalam ' his staff and workmen to exercise the powers conferred by the said sub-section. Under Section 4 of (and?) Section 17 of the said Act, the Governor of Tamil Nadu hereby that in view of the urgency of the caw, the provisions of Section 5-A of the said Act shall not apply to this case, As seen from the notification, the urgency provision under Section 17 (4) has been invoked and enquiry under Section 1-A has been dispensed with. By the Even G 0., declaration under Section 6 has also cometobe issued in the following terms: "The Government of Tamil Nadu having been satisfied that the lands specified in the schedule below have to be acquired for a public Purpose, and it having already been decided that the entire amount of compensation to be awarded for the lands is to be paid out of public revenues~ the following declaration is issued under Section 6 of the Land Acquisition Act 1894 (Central Act I of 1894): Declaration Under Section 6 of the I-and Acquisition Act, 1894 (Central Act I of 1894), the Governor of Tamil Nadu declares that the lands specified in the schedule below and measuring ().36.5 hectare to be the some, a little more or less are needed for a public purpose, to wit, for the formation of path way to burial ground in Chinnaparur village Vridhachalam taluk, South Arcot district. A plan of the land is kept in the office of the Special Tahsilder (Adi Dravidar Welm(am), wilhachalant and it may be inspected at any time during office, houm" Lt is both the notification and the declaration, that are challenged in this writ petition in so far as they relate to the petitioner's lands in R.S No. 272/10-B and T. S. No. 303/5-B aforementioned.

(3.) Mr. S.V.jayaraman, learned counsel for the petitioner urges the following three grounds:-