K SIDHICKA BANU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE above writ petition is filed challenging the notification passed under Sec. 4 (1) of THE Tamil Nadu Acquisition of Land for harijan Welfare Schemes Act, 1978 (hereinafter called as Act) wherein, the lands pertaining to the petitioner were acquired. THE petitioner is the owner of the lands, which is the subject matter of the 4 (1) Notification during 1991.

(2.) IN 1995, the Special Tahsildar (Adi Dravida Welfare), gudiyatham has issued a Notification under Sec. 4 (2) of the Act read with Rule 3 (i) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979 (hereinafter called as Rules ). The Notification proceeds to the effect that the enquiry would take place in his office on 20. 12. 1995 in respect of various lands along with the lands of the petitioner. The petitioner has submitted her objection to the Special Tahsildar (ADW ). Subsequently, the impugned Notification issued under Sec. 4 (1) of the Act came to be passed acquiring the lands of the petitioner.

(3.) THE reading of the above provision makes it clear that the District Collector shall "consider" the report of the authorised officer and pass final orders. THE file does not disclose any such "consideration" as contemplated in the above provision of law. THE only material available on record is the order passed by the District Collector on 24. 2. 1996 which reads as follows: Proceedings of the Collector of North Arcot Ambedkar district, Vellore-9 Rc. K10/5209/96 24-2-96 Gudiyatham Sub:. . . . . . . . . . . Ref:. . . . . . . . . . . . . ORDER THE Collector of North Arcot Ambedkar District accepted the recommendations of the Special Tahsildar (ADW), Gudiyatham and directs that the objections of the land owners to the Acquisition be overruled. 2. THE Notice under Sec. 4 (i) of THE Tamil Nadu acquisition of Land for Harijan Welfare Schemes Act, 1978 (T. N. State Act 31/78) received from the Special Tahsildar (ADW ). , Gudiyatham approved and it will be published in the not at all District Gazette. 3. THE Assistant Works Manager, Government Branch Press, viruthachalam is requested to publish the above Notice an extraordinary issue of North Arcot Ambedkar District Gazette. 4. THE entire cost of acquisition will be borne by the government. 5. THE Special Tahsildar (ADW), Gudiyatham is authorised to perform the function of the prescribed authority under Sections,7,10, 11,12 and 14 of the said Act XXXI of 1978 (Tamil Nadu Act of 1978)".