A. MOHAMED SHENGAL BASHA Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) THE writ petition is filed for quashing the impugned Section 4(1) notification and Erratum notification dated 5.2.2000 and 1.2.2003 respectively issued by the first respondent District Collector and for consequently forbearing the respondents from acquiring the lands of the petitioners comprised in S. No. 331/1A3 Ammoor Village, Wallajah Taluk, Vellore District. The petitioners are the absolute owners of the property having purchased the same vide document No. 2564/1980 dated 25.9.1980 and they have been in possession and occupation of the property. They received notice in Form I under section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules 1978, proposing to acquire the petitioners' land for the purpose of providing burial ground to Arundhathiars of Allikulam. The petitioners, on receipt of the notice, submitted their objections regarding location of the property and its unsuitability for being utilised as burial ground. Thereafter, section 4(1) notification in Form II was issued on 5.2.2000, containing two schedules, one of which is the property in question belonging to the petitioners. The impugned notification was followed by erratum notification dated 1.2.2003, mentioning the nature and purpose of acquisition of the land in question as providing burial ground to the Arundhathiars of Allikulam, hamlet of Anmoor Village, Wallajah Taluk, Vellore District.

(2.) THE petitioners have challenged the acquisition proceedings on the following grounds: (i) the impugned 4(1) notification dated 5.2.2000 is in violation of the statutory rules and against the principles of natural justice and hence without jurisdiction; (ii) the impugned erratum notification, after three years from the date of issuance of section 4(1) notification is without notice under section 4(2) of the Act to the petitioner and without hearing the petitioner in person; and (iii) the proposed site is not suitable for burial ground.

(3.) HEARD the rival submissions made on both sides.