K. RAKKIANNA GOUNDER Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) ACQUISITION proceedings initiated under Section 4(1) of the Land Acquisition Act, issued in G.O.Ms.No.146, Housing and Urban Development and G.O.Ms.No.147, Housing and Urban Development (I.A.IV(2), dated 29.03.2000, published in the Tamil Nadu Government Gazette in Part II Section 2 supplement on 10.05.2000 and section 6 declaration issued in G.O.Ms.No.272, Housing and Urban Development (LA 4 -2) Department, dated 16.05.2001, published in Part II - Section 2 in the Tamil Nadu Government Gazette Extraordinary on 16.05.2001, in respect of the properties in Survey No.69/5C, an extent of 0.90.0 Hectares and in Survey No.26/4, an extent of 0.58.0 Hectares, have been challenged W.P.No.13370 of2002, to quash the abovesaid order. The said Writ Petition has been dismissed on 13.12.2012.

(2.) BEING aggrieved by the same, Mr.K.Rakkianna Gounder, Mr.R.Rajaram and Mr.R.Murugesan, have filed W.A.No.788 of 2013. By an order dated 29.09.2013, Hon'ble Division Bench of this Court has dismissed the Writ Appeal. Thus, the declarations, have reached a finality.

(3.) IT is the contention of the petitioners that earlier, the then Land Acquisition Officer, namely Mr.P.Gunasekar passed an Award, dated 30.04.2003, in Award No.1/2003 -2004, in Proceeding No.ROC.929/98, for a total compensation of Rs.42Lakhs. Before passing the Award, Notice under Sections 9(3) and (10) of the Land Acquisition Act, were served on the petitioners, fixing the award enquiry on 28.04.2003. Accordingly, the petitioners appeared and submitted a statement before the then Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem, respondent No.2 on 28.04.2003. Thereafter, an Award No.1/2003 -2004 has been passed on 30.04.2003. According to Mr.M.Elango, learned counsel for the petitioner, it is the first award.