T RAJU R LAKSHMI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioners seek a writ of Certiorari calling for the records relating to the land acquisition proceedings in G.O.Ms.No.537, Housing and Urban Development Department dated 5.4.1991, the notification issued under Section 4(1) of the Land Acquisition Act 1894 (Central Act 1/1894) and the Declaration in G.O.Ms.No.270, Housing and Urban Development Department dated 26.5.1992 issued under Section 6 of the Land Acquisition Act 1894 (Central Act 1/1984) and quash the same insofar as it relates to their property of an extent of 10 cents 317 sq.ft. in Plot Nos.2, 3 and 4 in S.No.77/2A, Thoppur Village, Madurai South Taluk, Madurai District.

(2.) According to the petitioners, they have purchased the land of an extent of 10 cents 317 sq.ft. in Plot Nos.2, 3 and 4 in S.No.77/2A, Thoppur Village, Madurai South Taluk, Madurai District in the year 198 9, 1984 and 1985 respectively. However, the notification under Section 4(1) of the Land Acquisition Act (for brevity the "Act") in G.O. Ms.No.537, Housing and Urban Development Department dated 5.4.1991 and declaration issued under Section 6 of the Act in G.O.Ms.No.270, Housing and Urban Development Department dated 26.5.1992 were neither served on them nor on their vendor. Moreover, declaration under Section 6 of the Act was issued after one year from the date of publication of notification under Section 4(1) of the Act and therefore, the same is illegal. Further, they have not been served with a copy of the award till date. Hence, the above writ petition.

(3.) The only contention raised by the learned counsel for the petitioners is that the petitioners, who are admittedly subsequent purchasers, have not been served with any notice under Section 4(1) of the Act or for enquiry under Section 5-A of the Act or before passing declaration under Section 6 of the Act and therefore, the impugned acquisition proceedings is illegal.