V SARANGAPANI Vs. COLLECTOR OF THANJAVUR DISTRICT

JUDGEMENT

(1.) THIS petition has been filed challenging the Gazette notification dated 22. 11. 1995 issued under Section 4 (1) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 (hereinafter called 'act 31 of 1978') for providing house-sites to Adi-Dravidars of Kalyanapuram Village, thiruvaiyaru Taluk, Thanjavur District.

(2.) BRIEF facts of the case are as under: the land of the first petitioner (since deceased, represented by legal representatives, namely petitioners 2 to 11 and the fourth petitioner, since deceased, represented by legal representatives, namely petitioners 12 to 14)was sought to be acquired by the first respondent. Therefore, the notice under Section 4 (2) in Form-I under Rule 3 (i) of the Rules, 1999, framed under the Act 31 of 1978, was issued on 27. 09. 1995 by the Special Tahsildar calling upon the first petitioner to show cause as to why the property in question should not be acquired and to give their objections, if any, for the proposed acquisition. The objections were filed by the first petitioner on 17. 10. 1995 and an enquiry was conducted by the Special Tahsildar and the report was submitted to the District Collector on 16. 11. 1995. The District Collector rejected the objections by proceedings No. Na. Ka. 41033/95 on 28. 12. 1995 and the same was served on the first petitioner on 09. 01. 1996. The notification under Section 4 (1) was however issued on 22. 12. 199 5.

(3.) LEARNED counsel for the petitioners has raised two issues in his challenge to the notification. The first contention is that the District collector has not followed the procedures prescribed under the Act while passing the impugned notification under Section 4 (1) and the second contention is that the Collector has passed the impugned notification under Section 4 (1)of the Act without recording his satisfaction as contemplated and has proceeded to acquire the land based on the recommendation or compulsion of the government. The contentions are inter-connected with each other and they are considered together.