SHANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to call for the entire records pertaining to the notification under Section 4(1) of the Land Acquisition Act (for brevity "the Act") made in G.O.Ms.No.495, Housing and Urban Development L.A.3(2), dated 14.11.1996, published in the Tamil Nadu Government Gazette on 18.12.196, and the declaration madein G.O.Ms.No.442, Housing and Urban Development Department L.A.3(2), dated 23.12.1997 on the file of the first respondent and to quash the same as illegal, arbitrary and without jurisdiction insofar as the petitioner's land is concerned. The petitioner seeks a writ of certiorari to call for the entire records pertaining to the notification under Section 4(1) of the Land Acquisition Act (for brevity "the Act") made in G.O.Ms.No.495, Housing and Urban Development L.A.3(2), dated 14.11.1996, published in the Tamil Nadu Government Gazette on 18.12.196, and the declaration madein G.O.Ms.No.442, Housing and Urban Development Department L.A.3(2), dated 23.12.1997 on the file of the first respondent and to quash the same as illegal, arbitrary and without jurisdiction insofar as the petitioner's land is concerned.

(2.) It is not in dispute that the petitioner is the owner of the land of an extent of one acre comprised in Survey No.5/2B in Vellakinar Village, which is sought to be acquired pursuant to the notification issued under Section 4(1) of the Act dated 14.11.1996, which was published in the Tamil Nadu Government Gazette on 18.12.1996, in the local daily, on 3.1.1997 and in the locality on 6.1.1997. However, it appears that the petitioner had submitted his objections only on 21.3 .1 997, which is beyond the period of 30 days from the last date of publication of the notification under Section 4(1) of the Act, which was published in the locality on 6.1.1997, as mentioned above.

(3.) It is true an enquiry under Section 5A of the Act was held on 6.3 .1997 and 31.3.1997, wherein the petitioner was furnished with the remarks of the Acquisition authority and thereafter, a declaration under Section 6 of the Act was passed on 23.12.1997, published in the Tamil Nadu Government Gazette on 24.12.1997, in the local dailies on 29.12.1997, and in the locality on 2.1.1998. Thereafter, an award enquiry was conducted and an award was passed on 15.12.1999.