BHAMA RAMAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE matter arises under the Land Acquisition Act. The admitted facts are as follows--On 25-10-1962, the petitioner purchased the property forming the subject matter of the writ petition and patta was changed in her name on 15-61963. On 25-12-1963, a S. 4 (1) notification was issued proposing to acquire the land for the Korattur neighbourhood Housing scheme. On 9-3-1964 Sec. 5-A enquiry took place. On 18-1-1969, S. 6 declaration was issued. The award enquiry was conducted on 25-3-1969 and the award was passed on 14-121973. The petitioner was issued a notice on 22-12-1973, stating that possession would be taken and therefore she was required to be present to deliver possession. It is under these circumstances that the present writ petition has been filed to quash the land acquisition proceedings.

(2.) THE only contention that is urged before me is that the entire proceedings are illegal, since at no point of time, the petitioner was served with any notice excepting the notice dated 22-12-1973. Therefore these proceedings have taken place behind the back of the petitioner. Such a procedure constitutes a violation of the Act as well as the principles of natural justice.

(3.) IT is admitted on behalf of the respondent that the petitioner was not served with any notice and as such she could not put forth her objections during the enquiry under S. 5-A.