KOPPINEDI Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THE challenge in this writ petition is to the land acquisition proceedings of the respondents in G. O. Ms. No. 26 Revenue Department dated 10. 3. 2000 issued under Sec. 4 (1) and G. O. Ms. no. 36 Revenue Department dated 6. 4. 2000 issued under Sec. 6 of the Land Acquisition Act 1894.

(2.) THE petitioners 1 and 2 claim to be the owners of 39 Ares and 36 Ares and 40 cents respectively in Survey No. C/1/19/6 and 19/5, said to have been inherited from the mother-in-law and the mother respectively. Likewise, petitioners 3, 4 and 5 claim to be owners of 3 ares 71 cents in Survey No. 22/1 and 1 acre 18 ares and 40 cents in Survey No. 22/5 by virtue of sale deed dated 12. 4. 1974. The 6th petitioner claims to be the owner of 1 hectare 32 ares and 80 cents in Survey No. 22/2, 7 ares, in Survey No. 22/3, 56 Ares and 20 cents in Survey No. 22/4. The 7th petitioner claims to be the owner of 5 ares and 60 cents in Survey No. 22/8. The above said lands are situated in Kanakalpet Village, Yanam, Union Territory of Pondicherry.

(3.) BY the Notification dated 10. 3. 2000 made under section 4 (1) of Land Acquisition Act (hereinafter called the Act), the above said lands were notified for acquisition. Section 5-A enquiry came to be dispensed with by invoking the emergency provision available under section 17 of the Act. Thereafter, section 6 declaration came to be made on 6. 4. 2000. Immediately thereafter, the petitioners have come forward with the present writ petition on 15. 4. 2000. While invoking section 17 of the Act and dispensing with Section 5-A enquiry, it was held by the first respondent that the land in question were required for a public purpose namely for the construction of drinking water tank in Kanakalpet and therefore in view of the urgency of the case, the enquiry under section 5-A of the Act shall not apply.