KURESH A KAPADIA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In these batch of writ petitions, the petitioners are challenging the acquisition of their lands by the respondents, which are sought to be acquired pursuant to the notification issued under Section 4(1) of the Land Acquisition Act (for brevity "the Act") in G.O.Ms.No.433, Housing and Urban Development Department, dated 14.5.1990, passed by the first respondent, published in the Tamil Nadu Government Gazette Part-II, Section 2, supplement on 23.5.1990 for a housing scheme called Sholinganallur Neighbourhood scheme Phase-III.

(2.) It is not in dispute that the notification issued under Section 4 (1) of the Act on 14.5.1990, was published in the Tamil Nadu Government Gazette on 23.5.1990, in two tamil dailies, viz., Dinakaran on 4.6 .1990 and Murasoli on 5.6.1990. The local publication of the said notification was also made on 19.6.1990.

(3.) Pursuant to the said notification under Section 4(1) of the Act, concededly, the petitioners were served with a notice for an enquiry under Section 5A of the Act, which was reportedly served on the petitioner in W.P.No.9967 of 1997 on 2.2.1991, the petitioner in W.P.No.99 68 of 1997 by registered post with acknowledgment due, the petitioner in W.P.No.9970 of 1997 on 2.2.1991, the petitioner in W.P.No.9971 of 1997 on 28.7.1990, the petitioner in W.P.No.9973 of 1997 on 31.7.1 99 0, the petitioner in W.P.No.9974 of 1997 by registered post with acknowledgment due, the petitioner in W.P.No.9975 of 1997 on 2.2.199 1, the petitioner in W.P.No.9976 of 1997 on 31.7.1990, the petitioner in W.P.No.9977 of 1997 on 4.2.1991. The service of the notices on the petitioners is not disputed at all. Thereafter, an enquiry under Section 5A of the Act was held on 26.2.1991 in the case of the petitioners in W.P.No.9973 of 1997, on 25.2.1991 in the case of the petitioners in W.P.No.9974 of 1997, and some of the petitioners, viz., the petitioners in W.P.No.9975 of 1997 and W.P.Nos.9977 of 1997, who could not attend the enquiry sent their objections on 9.2.1991 and 7 .2.19 91 respectively.