R PARI Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE questions referred to the Full Bench for determination in the context of Tamil Nadu Acquisition of Land for Harijan Welfare Schemes act, 1978 (Tamil Nadu Act 31 of 1978) hereinafter referred to as "the act" are as follows:- i) Is it necessary for the Collector to give a personal hearing to the owner in the context of his objections and the remarks of the tahsildar? ii) Is the owner entitled to a copy of the report of the special Tahsildar or not? iii) Should the Collector record his reasons in his order while dealing with the objections of the owner?

(2.) BEFORE considering these questions, a brief introduction is required. The Act was enacted in the year 1978 to provide for acquisition of land for Harijan Welfare schemes. As soon as the Act was enacted, it was mired in legal controversy and its validity was challenged. The madras High Court, by its Judgment dated 09. 09. 1981 declared that the Act was ultravires of the Constitution of India. However, in appeal, the Supreme Court upheld the validity of the Act except sub-section (1) of Section 11 to the extent that such provision provided that the compensation shall be paid in instalments. Such decision of the Supreme Court is reported in Air 1995 Sc 2114 equivalent To (1995) 1 Scc 519 (State Of Tamil Nadu And Others V. Ananthi Ammal and Others)

(3.) FROM the contents of Form I, it is apparent that the land owner or interested person is required to file objection within fifteen days after service of such notice in Form I and the objection if received after the time stipulated is liable to be summarily rejected. Similarly, the objection sent by person who is not interested in the land is also liable to be summarily rejected. However, the statement of objection received within the time, has to be enquired into at the office specified in such notice. In other words, if the notice has been issued by the District Collector, such objection would be enquired into at the office of the District Collector; whereas if the notice is issued by the authorised officer, such objection filed within time would be enquired into at the office of such authorised officer. The land owner or the interested person is also at liberty to adduce any oral or documentary evidence in support of the notice. Failure to be present in person or through pleader would lead to presumption that the noticee has no objection in respect of the land acquired.