K. NANJAPPA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.P.Mani, learned counsel for the appellant, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and

(2.) and Mr.T.Elumalai, learned counsel for respondents 3 to 8. 2. The land of the appellant has been acquired under the award dtd. 23/3/2001. The appellant challenged the same by filing a writ petition bearing W.P.No.21104 of 2001. The basis of the challenge is that the Collector, under Sec. 4 (3)(a) and/or (b) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 [for brevity, "the Act of 1978"] has not passed any order, arriving at a subjective satisfaction of the necessity to acquire the land.

(3.) The learned counsel for the appellant submits that the appellant received notice under Sec. 4(2) of the Act of 1978. He raised objections. Decision was not taken as contemplated under Sec. 4(3)(a) and/or (b) of the Act of 1978, as such, the acquisition proceedings are null and void. The award deserves to be set aside.