INDIRA NAGAR RESIDENTS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition weeks to quash the notifications under Section 4(1) of the Land Acquisition Act in respect of the lands mentioned at the bottom of the G.O.Ms .No. 1235, Industries (MIJ 1), dated 28.11.1988, published in the Tamil Nadu Government Gazette, supplement to Part II, Section 2, dated 7.12.1988, under G.O.Ms.No.1248, Industries (MIJ 1), dated 30.11.1988, published in Part II, Section 2 of the Gazette dated 14.12.1988, under G.O.Ms.No.,173 and 174, Industries (MIJ 1), dated 17.3.1989, published in Part II, Section 2 of the Gazette, dated 5.4.1989, under G.O.Ms.No.359 Industries (MIJ 2), dated 15.6.1989, Published in Part II Section 2, dated 28.6.1989 and the subsequent notification issued under Section 6 of the Land Acquisition Act, published in G.O.Ms.No.469 Industries (MID 2), dated 9.12.1991, published in Part II, Section 2, of the Tamil Nadu Government Gazette Extra-ordinary dated 10.12.1991, in respect of the same lands.

(2.) THE purpose for which the lands are notified for acquisition as set out in the notification is that for the expansion of Industrial Complex, Sponsored by State Industrial Promotion Corporation of Tamil Nadu, Madras.

(3.) THE petitioners" predecessor in title-Krishna Traders by its partner had challenged the notification issued under Section 4(1) of the Act in W.P.No. 14398 of 1989. At about the same time, an association styled as Indira Nagar Welfare Association, also challenged the same notification in W.P.No. 14584 of 1989. A third writ petition by one K. Kurusamy for quashing the very same notification had also been filed in W.P.No. 12653 of 1989. All those writ petitions came to be dismissed by a learned single Jud ge of this Court on 29.8.1991. It had been urged before this Court by the petitioners in those writ petitions that the lay-out of the lands in question had been approved as early as in 1987 and the plans had also been drawn in the year 1988, earlier to the date of 4(1) notification and that at an earlier point of time a proposal to acquire these lands has been disposed. It had also been urged that the notification was vague inasmuch as the purpose set out was not sufficiently specified and therefore did not also constitute a public purpose.