ZEENATH ARIFF Vs. DISTRICT COLLECTOR SIVAGANGA

JUDGEMENT

(1.) THE above writ appeal has been filed against the order of the learned single Judge dated 26. 06. 2000 made in WP. No. 17574 of 1999, in and by which the learned Judge, following the earlier orders of this Court and in view of the proceedings initiated under the Land Acquisition Act, 1894 (Central Act) and finding that no notice under Section 4 (2) of Tamil Nadu Act (Act 31/78) (in short 'the Act') was issued, dismissed the said writ petition.

(2.) HEARD the learned counsel for the appellants as well as the learned Additional Government Pleader for respondents.

(3.) IT is not in dispute that in order to provide house sites to Adi Draviders of Rasulasamudram Village, Government of Tamil Nadu initiated acquisition proceedings and issued 4 (1) notification and the same was published in the Tamil Nadu Government gazettee Part II Section 2 at page No. 19 on 18. 05. 1988. The same was followed by an enquiry under Section 5-A and declaration under Section 6 of the Act. It is also not in dispute that no award was passed under the Central Act. While so, the Government of Tamil Nadu brought a new legislation called, Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act (Act 31/78 ). The said Act came into force with effect from 25. 08. 1978. The provisions of the said Act were challenged. A Division Bench of this Court by order dated 09. 09. 1981, struck down the entire act as being ultra virus the Constitution of India. Aggrieved by the same, State of Tamil Nadu preferred an appeal to the Supreme Court. By order dated 22. 11. 1994, the Supreme Court in the decision reported in the case of State of Tamil Nadu vs. Ananthi Ammal (AIR 1995 SC 2114), reversed the judgment of the Division Bench of this Court, upheld the entire act, except in so far as the provision providing for payment of compensation amount in installments. As said earlier, the Supreme Court passed the said order on 22. 11. 1994. In our case, we have already mentioned that notification under Section 4 (1) of the Central Act was published in the Tamil Nadu Government gazette dated 18. 05. 19 88. After the judgment of the Supreme Court in Ananthi Ammal's case, the State Government is authorized to invoke the provisions of Tamil Nadu Act 31 of 1978 for implementation of the Harijan Welfare Schemes. In other words, they are not permitted proceed further under the Central Act, if no award is passed in those cases. In the light of the decision of the Supreme Court in Ananthi Ammal's case, the first respondent herein, District Collector, Sivaganga, as a follow up action, invoked the provisions of Tamil Nadu and in view of the earlier proceedings initiated under the Central Act, issued notification in the District gazette under Section 4 (1) of the Act. The landowners challenged the said action by way of writ petition in W. P. No. 17574 of 1999. The learned Judge, after pointing out that since proceedings were initiated under the Central Act and no award has been passed, no notice under Section 4 (2) of the Tamil Nadu Act was required, justified the action taken by the District Collector and dismissed the writ petition.