R.ELANGOVAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) These writ petitions have been filed assailing the Notification issued under Sec. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Old Act) dtd. 2/3/1988 and the Declarations under Sec. 6 of the Old Act dtd. 23/6/1986 and 23/3/1989 and seeking for a consequential direction for the exclusion of the lands belonging to the respective writ petitioner from Sowripalayam and Uppilipalayam Integrated Urban Development Project Scheme.

(2.) The properties that are covered in these writ petitions are situated at Sowripalayam and Uppilipalayam Villages. They were acquired for Uppilipalayam Neighbourhood Scheme through a Notification under Sec. 4(1) of the Old Act in G.O.Ms.No.196 dtd. 2/3/1988 measuring 43.19 acres at Sowripalayam Village. Similarly, a Notification under Sec. 4(1) of the Old Act was issued in G.O.Ms.No.534 dtd. 28/5/1985 measuring 36.79 acres at Uppilipalayam Village. Pursuant to that, after completing the formalities, an enquiry under Sec. 5A of the Old Act was conducted by the Land Acquisition Officer, in which, all the land owners raised their objections for the acquisition of lands.

(3.) Thereafter, the objections of the land owners were communicated to the Requisitioning Body, which recommended to reject those objections. On considering the objections raised, the Government overruled the same and the draft Declarations under Sec. 6 of the Old Act were approved (i) in G.O.Ms.NO.287 dtd. 23/3/1989 in so far as Sowripalayam Village is concerned and (ii) in G.O.Ms.No.905 dtd. 23/6/1986 in so far as Uppilipalayam Village is concerned. The same were published in the Gazette and the substance of the Declarations was also published in the newspapers. On completion of the formalities, the draft Notification under Sec. 7 of the Old Act was approved by the Collector through proceedings (i) dtd. 2/6/1989 for Sowripalayam Village and (ii) dtd. 19/3/1987 for Uppilipalayam Village.