OONJA ALIAS LAKSHMIAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein has challenged the acquisition of the land bearing Survey No. 182 2-A (Part) and 182-6 situate in No. 50, thallakulam Village Madurai North Taluk, Madurai measuring 32 cents under notification in G. O. Ms. No. 1774 R. D. & L. A. , dated 18. 11. 1982 published in the Gazette dated 19. 11. 1982. Notification under sec. 4 (1) of the Land Acquisition Act was issued on 8. 11. 1979. THE purpose for which the property was acquired was for provision of market and school etc. , in k. Pudur area of Thallakulam Village by the corporation of Madurai. In the notification issued under Sec. 6 of the Act, the purpose set out is more precisely for the construction of market and a school by the Corporation of Madurai.

(2.) IT is not in dispute that the petitioner was served with the notice of the acquisition and that she had also objected to the same. According to her, tip enquiry as required under Sec. 5-A of the Act was, conducted and the notice of the proposed acquisition was also not published in the locality. According to her, it was not competent for the Madurai corporation to initiate proceedings and for the Government to acquire the land for the purpose of the Corporation.

(3.) AT the outset, the learned counsel for the respondents submitted that this writ petition is liable to be dismissed on the ground of laches alone. It was also submitted by himthat even on merits, the petitioner has no case.