A THANGAPALAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE above Writ Appeal is filed against the order of the learned single Judge, dated 05. 04. 2002, made in W. P. No. 19439 of 1994, in and by which, the learned Judge dismissed the said petition on the ground of laches.

(2.) AGGRIEVED by the acquisition proceedings initiated by the Housing and Urban Development Department, the appellant approached this Court by way of W. P. No. 19439 of 1994. In the said Writ Petition, the petitioner raised several contentions including the one that enquiry under Section-5a of the Land Acquisition Act was not conducted as per Rules. It was also contended that the Newspapers in which publication was effected have no circulation in that area. Apart from the above legal contentions, the petitioner also raised other contentions, pointing out certain Government Orders, which prohibit acquisition of certain lands for the purpose ascribed by the Housing Department. The respondents filed a counter affidavit, highlighting their stand. The learned Judge, after finding that Section-5a enquiry and Section-6 declaration were of the year 1992, and that the Writ Petition was filed only in November, 1994, refused to accept the contentions raised by the petitioner and dismissed the writ petition.

(3.) IN the case on hand, the purpose of the acquisition is for formation of neighbourhood scheme at the instance of the Tamil Nadu Housing Board. Notification under Section 4 (1) was published in the Tamil Nadu Government Gazette on 30. 10. 1991. The same was published in the local Dailies, viz. , "nam Nadu" and "madurai Mani", on 20. 11. 1991 and the gist of notification was published in the locality on 21. 11. 1991. Form-3a Notice was served on the petitioner on 05. 01. 1992 and the petitioner submitted his objections on 20. 01. 1992. Section 5-A enquiry was held on 23. 1. 1992 and the remarks of the requisitioning body was received by the Land Acquisition Officer on 25. 2. 1992. Section-6 Declaration was published in the Government Gazette on 18. 11. 1992; in the local Dailies, viz. , Dhina Thoodu" and "makkal Kural", on 19. 11. 1992; and local publication was effected on 20. 11. 1992. According to the learned counsel, before passing of the Award, the appellant/petitioner approached this Court and filed the Writ Petition questioning the entire acquisition proceedings.