T RAMARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner claims to be an ex-service man. He had voluntarily retired from armed service and had joined service in a paper mills at Pallipalayam. He retired from service on 31-12-1981. The petitioner had purchased a small plot on 15-9-1976, with the sole object of constructing a house for his residence and the residence of his family members. According to him, he proceeded to construct a house in September 1981. To his misfortune, his land along with certain other lands were sought to be acquired under the Land Acquisition Act by publishing the notification under S. 4(1) of the Act on 11-11-1981. The petitioner's plot is only of an extent of 1,650 sq. ft. and it forms part of large extent of 1 acre 39 cents in Survey No. 198/4B in Kadachinallur Village, Tiruchengode Village, Tiruchengode Taluk. An enquiry under S. 5A of the Act was held on 22-1-1982. The petitioner submitted his objections on 6-2-1982 and 18-3-1992. The objections of the petitioner were communicated to the Salem Housing Unit at whose instance, the acquisition was initiated. The remarks of the Housing Unit were communicated to the petitioner and second enquiry was held on 14-6-1982. Again the petitioner filed his objection. The petitioner was shocked to find that a Declaration under S. 6 has been issued in G.O.Ms. 915, Housing and Urban Development dated 30-10-1984. The writ petition is to quash the proceedings culminating in the Declaration under S. 6 of the Act, dated 30-10-1984.

(2.) In support of the writ petition, Mr. N. Rajan, learned counsel appearing for the petitioner makes the following submissions :

(3.) Learned counsel appearing for the petitioner also cites in support of his arguments, a judgment of the Division Bench of this Court in A. Subbiah v. Deputy Secretary to the Government of Tamil Nadu, Social Welfare Department, AIR 1988 Mad 355, as well as a judgment of the Supreme Court in Shri Mandir Sita Ramji v. Governor of Delhi, AIR 1974 SC 1868.