B MUNIAPPA Vs. STATE OF TAMIL NADU; DISTRICT COLLECTOR, KRISHNAGIRI DISTRICT, KRISHNAGIRI; SPECIAL TAHSILDAR (LAND ACQUISITION)

JUDGEMENT

(1.) The petitioner has submitted that he owns piece of lands 0.32.0 (part), 0.73.0 (part), 0.45.5 (part), 0.24.0 (Part) 0.74.0 (part), 0.05.0 (part), 0.22.0 part), 0.04.0 (part) and 0.01.0 (part) in Survey Nos.132/1B, 132/2, 133/2A, 140/2A, 140/2B, 141/1, 141/2A, 141/2B and 141/2C respectively in 105, Moranapalli Village Block IV Hosur (TK), Krishnagiri District. The revenue records including, chitta and other revenue records also stands in his name. He is a poor agriculturist and he depends upon this land alone for livelihood. At this juncture, to his shock and surprise, he received a notice under Form-E, issued by the District Collector, Krishnagiri, the first respondent herein, vide proceeding ROC.11201/98/B2, dated 12.10.2006 under Sub Section(2) of Section 4 of the Tamil Nadu Land Acquisition for Industrial Purpose Act, 1997 (hereinafter referred to as "The Act") directing him to surrender or deliver possession of the land in Survey Nos.132/1B, 132/2, 133/2A, 140/2A, 140/2B, 141/1, 141/2A, 141/2B and 141/2C in 105, Moranapalli Village Block IV Hosur (TK), Krishnagiri District to the first respondent herein as it is required for industrial purpose. The petitioner also came to know through the above Form-E that notice under Sub Section (1) Section 3 of the Act was published by the Industries Department at page 617 of Part-II Section 2 of the Tamil Nadu Government Gazette (Extraordinary) dated 7th September 2006.

(2.) The petitioner has further submitted that he did not receive any notice under Section (2) of Section 3 and Section 7 of Sub-Section (5) of the Act, which is a mandatory provision and he has not been put on notice about the acquisition of the land and he does not know for which purpose, the land is being acquired. The respondents herein have not followed the mandatory provisions of law for the acquisition of the land. He has not been given any opportunity to raise his objection to the acquisition, which is in clear violation of principles of natural justice and mandatory of law. Upon verification of Part-II Section 2 of the Tamil Nadu Government Gazette (Extraordinary) dated 7th September 2006, he also came to know that lands in Survey Nos.132/1B, 132/2, 133/2A, 140/2A, 140/2B, 141/1, 141/2A, 141/2B and 141/2C respectively 0.32.0 (part), 0.73.0 (part), 0.45.5 (part), 0.24.0 (Part) 0.74.0 (part), 0.05.0 (part), 0.22.0 part), 0.04.0 (part) and 0.01.0 (part) hectares are also being acquired by the respondents. But till date, he has not received any notice under Section 3(2) or Section 4(2) in Form-E of the said Act, which are mandatory for acquisition under the above Act. The respondents have not served the mandatory notices to him under provision of the Act, therefore, the entire acquisition is illegal and arbitrary.

(3.) The petitioner has further submitted submits that he has not received any notice under Section 7(5) of the said Act calling upon him to appear in person before the Sub-Collector Office, which is mandatory for acquisition under the above Act. The respondents have not served the mandatory notices to him under provision of the Act, therefore, the entire acquisition is illegal and arbitrary. As the acquisition itself is illegal, if the respondents are allowed to continue, he would be put to irreparable loss and great hardship. Till date he is in possession of the property. He has also raised objection to the notice under Form-E through his letter dated 04.02.2007 raising various objections, but the same has not been disposed of so far.