JAINABI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE issue that falls for our consideration in this writ appeal is as to whether the power of the Collector to notify the land under section 4 (1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) (for short, "the Act") could be either delegated or exercised by any other officer?

(2.) AN extent of 1. 13. 0 hectares of land in r. S. Nos. 103/2b1, 4, 5, 7a, 8a and 6 was notified under Section 4 (1) after compliance of Section 4 (2) of the Act for acquisition. The notification reads as under:- SOUTH ARCOT VALLALA R DISTRICT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY CUDDALORE JUNE 19, 1996 Aani , Thadhu , Thiruvalluvar Aandu-2027 NOTIFICATION BY THE ADDITIONAL COLLECTOR Notice under Section 4 (1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (W2/29286/95) Where as it appears to the Government of Tamil Nadu that the lands specified in the schedule below and situated in the Ruthirasolai hamlet of Lalpet village, Kattumannar Koil , South Arcot Vallalar District are needed for a public purpose of Adi-dravidar Welfare Scheme to wit for the provision of house sites to the Adi-dravidar. Notice to that effect is hereby given to all of whom it may concern in accordance with the provision of sub-section (1) of Section 4 of the Tamil Nad u Acquisition of Land for Adi-dravidars Welfare Schemes act, 1978 (Tamil Nadu Act 31 of 1978 ). ANd whereas, it has become necessary to acquire immediate possession of the lands specified in the schedule below:- Now, therefore, in exercise of the powers conferred by the sub-section (1) of the Section 4 of the said Act, the Collector of South Arcot Vallalar District hereby directs that the lands be acquired under the provisions of the said section. SCHEDULE Kattumannorkoil Taluk Ruthirasolai village hamlet of Lalpettai Government dry, R. S. No. 102-2b1, belonging to Jainabi , wife of Syed Ahmed Basha , No. 38, Chinna Afisikara Street, M. Chavadi , Thajavur bounded on the north by R. S. No. 101, 103-1a and 103-1b east by R. S. No. 103-2b2, South by R. S. No. 103-5, and west by r. S. Nol. 103-2a-0. 35. 0 hectare. 2. Government dry, R. S. No. 103-4, 103-4 belonging to the same as noted in R. S. No. 102-2b1, bounded on the north by R. S. No. 103-3, east by r. S. No. 103-5, south by R. S. No. 103-7a and west by R. S. No. 104-0. 09 hectare. 3. Government dry, R. S. No. 103-5 belonging to the same is noted in R. S. No. 103-2b1 bounded on the north by R. S. No. 103-2a, 2b1, 2b2 east by r. S. No. 102, south by R. S. No. 103-6 and west by R. S. No. 103-3-0. 40. 0 hectare. 4. Government dry, R. S. No. 103-6, belonging to the same as r. S. No. 103-2b1 bounded on the north by R. S. No. 103-5, east by R. S. No. 102, south by R. S. No. 103-8a and west by R. S. No. 103-4-0. 20. 9 hectare. 5. Government dry, R. S. No. 103-7a belonging to the same as noted in R. S. No. 103-2b1 bounded on the north by R. S. No. 103-4,6 east by r. S. No. 103-8a south by R. S. No. 103-7b and west by R. S. No. 104-0. 04. 0 hectare. 6. Government dry, R. S. No. 105-8a, belonging to the same as noted in R. S. No. 103-2b1 bounded on the north by R. S. No. 103-6 east by r. S. No. 102 south by R. S. No. 102,8b and west by R. S. No. 103-7a-0. 04. 5 hectare. Total 1. 13. 0 hectare Ramesh Chand Meena Cuddalore Additional Collector of 7th June, 1996 South Arcot Vallalar District The said notification was questioned in the writ petition on the ground that the appellant/writ petitioner was not served with the proceedings of the Tahsildar under Section 4 (3 ) (b) of the Act. The said contention was negatived by the learned single Judge and consequently, the writ petition was dismissed. Aggrieved by the same, the present writ appeal has been filed.

(3.) FROM the above, this Court could draw no other inference except to find that when the legislature intended that the authority to exercise the power of issue of notice in Form II as well the notice under section 4 (1) shall be the District Collector only, the Government, in exercise of power under Section 16, cannot delegate such power to any other authority. That apart, none of the provisions of the Act even empowers the District collector to authorize any officer to issue notice under Section 4 (1), except an authorized officer for the purpose of holding enquiry under sub-section (2)of Section 4 of the Act.