SUNDARA NAICKER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 15th October, 1990 passed by the learned single Judge in W.P.No.7133 of 1990. As the writ petition has been dismissed, the petitioner therein has come up in appeal.

(2.) IN the writ petition, the petitioner sought for quashing the acquisition proceedings started with the notification issued under section 4(1) of the Land Acquisition Act (hereinafter referred to an the Act in G.O.Ms.733 P.W.D. (Electricity) dated 29.4.1988, published in the Tamil Nadu Government Gazette, part II, Section 2, on 25.5.1988 and also the declaration made under Section 6 of the Act in G.O.Ms.1095, P.W.D.(Electricity) dated 1. 6.1988 and published in the Government Gazettee dated 2.6.1988, acquiring an extent of 5.23 cents of agricultural land situated at Neikuppy Village, for the public purpose, viz., for construction of staff quarters for Madras Atomic power station at Kalpakkam. The petitioner/appellant filed the objections on 19.7.1988, whereas the Notification under section 4(1) of the Act was published in the locality on 6.6.1988. Even then, the said objections have been inquired into and the report under section 5A of the Act has been made in favour of proceeding with the acquisition. Accordingly, the declaration has been issued.

(3.) HOWEVER, before us, it is contended that the substance of the Notification issued under section 4(1) of the Act was not published in the locality, that the requirements of Rule 3 (b) were also not complied with, that the declaration made under section 6 was also not published, as per the provisions contained in section 6 of the Act and that 4(1) Notification had been published in the news paper earlier to the publication of the same in the Official Gazette.