HARIKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE two writ petitions relate to the validity of the notification issued under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as "the Act"), issued under G.O.Ms.No.891, Backward Classes Welfare Nutritious Meal Programme and Social Welfare Department, dated 18.10.1989 and the subsequent declaration under Sec.6, in G.O.Ms.No.10, Backward Classes and Most Backward classes Welfare, dated 18.1.1991.

(2.) THE petitioner in W.P.No.6008 of 1991 owns 54 1/2 cents in R.S.No.51/3, Keelmalai Village, Gin-gee Taluk, he having acquired the same in a partition effected in the year 1993. THE other half of the property of the extent of 54 1/2 cents was allotted to his brother, who subsequently sold that property on 13.10.1978, to one Harikrishnan, who is the petitioner in W.P.No.6007 of 1991. THE acquisition is for the alleged purpose of providing house sites to certain dobies and barbers of Keelamali village. THE enquiry under Sec.5-A of the Act was conducted on 29.5.1990. THE petitioners filed their objections and over-ruling the same, the declaration under Sec.6 of the Act was issued on 18.1.1991 THE award enquiry was conducted on 13.3.1991 and the award was passed on 20.3.1991.

(3.) APPARENTLY certain words are missing, after the words "to wit, the provision of, Without those words, the notification does not convey any meaning and does not say the purpose of acquisition. From the records produced by the learned Government Pleader. I find that the draft notification sent by the Special Tahsildar on 5.12.1989 has been corrected, deleting the words "house sites to the dobies and barbers of. I do not propose to make an enquiry as to who was responsible for the deletion of such words and it is for the respondents to make an investigation on that aspect. In my opinion, the notification, as published in the gazette, without those words, vitiates the entire proceedings. Unless the notification under Sec.4(l) of the Act gives the necessary particulars referred to in the sub-section, interested persons cannot file their objections. Sec.4(l) of the Act says that whenever it appears to the Government that any land in any locality is needed or is likely to be needed for any public purpose, then a notification may be made in the Gazette and the other steps can be taken. Unless the public purpose is mentioned in the Notification, it will not be possible, for an owner of the land to file his objections to the acquisition proceedings. For instance, an owner may be interested in saying that the public purpose mentioned, is not really a public purpose or that a particular public purpose can be achieved in some other manner or that there is no requirement at all to acquire the land for the said public purpose.