MUTHU Vs. GOVT OF T N

JUDGEMENT

(1.) The challenge in the writ petition is of the declaration under S.6 of the Land Acquisition Act, 1894 (Act 1 of 1894), hereinafter referred to as the 'Act'. The main point urged by Mr. G. Desappan, learned counsel for the petitioner, relates to noncompliance with S.45 of the Act with regard to service of notice for the enquiry under S.5-A of the Act. According to the petitioner, he was not served with any notice for the enquiry under-Sec. 5-A of the Act. In answer, what has been stated in para 5 of the counter-affidavit, filed on behalf of the respondent, is that the notices for the enquiry under S.5-A of the Act and for award enquiry were served by affixture as the petitioner was a nonresident of the village. The files produced by the learned Government advocate show that the notice was strightway affixed in the land in question. The records do dispose that the authorities were aware of the address of the petitioner and that is why it is not claimed before this Court that the whereabouts of the petitioner were not known to the authorities.

(2.) Section 45 of the Act reads as follows :-

(3.) Enquiry under S.5-A of the Act is not an empty formality and notice for such enquiry has got to be served strictly in accordance with the mandates of Sec. 45 of the Act. While discountenancing the service of notice in a casual manner without adhering to the rigor of the provisions of the Act, I have opined in Church of South India Trust Association v. Government of Tamil Nadu, W.P. No. 1848 of 1979 order dt. 24-9-1981 briefly reported in (1982) 95 Mad LW (Summary of Cases) 87 that the prescriptions of the statute in the matter of service of notices under it should be strictly followed and carried out. It must be satisfied that the person concerned could not be found after reasonable and diligent enquiries within the meaning of the Act. The mandates of the statute stand violated in the present case. This obliges me to interfere in writ jurisdiction and accordingly the writ petition is allowed. It is for the authorities to pursue the matter from the stage of the enquiry under S.5 A of the Act and after duly satisfying the requisite statutory formalities. I make no order as to costs. Petition allowed.