MULLAIKODI AND ORS. Vs. SPECIAL SECRETARY TO GOVT., DEPARTMENT OF REVENUE & DISASTER MANAGEMENT AND ORS.

JUDGEMENT

(1.) In all these three Writ Petitions, challenge is to the land acquisition proceedings initiated by the respondents acquiring the lands owned by the petitioners for the purpose of establishment of Coir Growth Centre/coir village in Puducherry.

(2.) The petitioner in W.P. No.15754 of 2012, is the owner of the land in Survey No. 197/1; the petitioner in W.P. No.34347 of 2012, owner of the land in Survey No. 200/2; and petitioner in W.P. No.1358 of 2013 owner of the land in Survey No. 196/2. The notification under Sec. 4(1) of the Land Acquisition Act, 1894, (Act), was issued by G.O. Ms.No.26, dated 28.08.2009, notice of enquiry under Sec. 5A was issued on 28.10.2009 and the declaration under Sec. 6 was issued in G.O. Ms.No.15, dated 28.05.2010, and the award was passed on 05.10.2012. After the land owners received the notice of enquiry under Sec. 5A of the Act, the land owners submitted their objection and according to them, the same was not considered.

(3.) In so far as W.P. No.34347 of 2012, it is submitted that the land acquisition proceedings, were proceeded in the name of a dead person namely Pavadai Nadar and Thangavel Nadar, who died on 11.01.1978 and 31.08.1984 respectively. Therefore, it is contended that the land acquisition proceedings, which were initiated against dead persons and continued till passing of the award, are illegal.