R.C.JOSHUA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioner challenging the Notification No.VI(1)/330(c-8)/2021 published in the Tamil Nadu Government Gazette (Extraordinary) dtd. 26/11/2021 for acquisition of his land under Sec. 3(1) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter referred to as 'Industrial Purposes Act' for brevity).

(2.) The petitioner is the owner of land in Re-Survey No.3132/8, Block No.52, Balfour Road. He had put up a residential building thereon and he has been living there for more than 50 years. The petitioner received a Show Cause Notice under Sec. 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, for acquisition of portion of his property with an extent of 160 sq.meters. The petitioner objected the same. Thereafter, 3rd respondent issued a Notification in Na.Ka.No.11/Ni.A/Se.Ma.Ra.Thi/2018, dtd. 4/1/2022 under Sec. 7(2) of the Industrial Purposes Act. Aggrieved by the same, the petitioner approached this Court by filing writ petition in W.P.No.1374 of 2022. After hearing the parties, this Court by order dtd. 7/11/2022 directed the petitioner to appear before the respondents for private negotiation. The petitioner appeared before the respondents/private negotiation committee and informed them that the subject property was the only property available to him and requested them to make a change in the design of their project so as to give a permanent solution to the petitioner. Thereafter, possession notice was issued to the petitioner and the same was challenged by the petitioner in writ petition in W.P.No.22520 of 2023. The writ petition was disposed of by this Court on 1/8/2023 by directing the petitioner to handover subject property with liberty to the respondents to pass an award. Alternatively, the petitioner was also given a liberty to request for private negotiation regarding determination of compensation. Since the respondents have not agreed for private negotiation, the petitioner has filed the present writ petition challenging the 3(1) notification issued under Industrial Purposes Act.

(3.) Mr.T.Sai Krishnan, learned counsel appearing for the petitioner raised the following points:-