K LOGANATHAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) NOTIFICATION under Section 4(1) of the Land Acquisition Act was issued on 14.2.96. Section 6 Declaration was passed on 11.4.97. By a common order dated 19.12.00 in W.P.No.5784 of 1997 the Section 6 Declaration was quashed keeping the NOTIFICATION issued under Section 4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") intact. Authorities were permitted to proceed further in the matter as per law. Notice in Form 3-A was issued on 30.7.00 and objections were filed on 25.8.01. The remarks of the requisitioning authority overruling the objections were passed on 23.10.01 and, consequently, notice under Section 3-B was sent to the individuals to attend the Section 5-A enquiry on 24.10.01. On 8.11.01 objections were filed by the individuals and the same were overruled in the Section 5-A enquiry proceedings on 12.11.01. Thereafter, the second Section 6 Declaration was passed on 10.12.01, which were challenged in fifteen writ petitions on 5th April, 2002. By a common order dated 11th June, 2002, learned single Judge dismissed all the writ petitions by passing the following common order: -

(2.) THE only contention now raised by the counsel for the appellants in these appeals is that a specific ground was taken in the writ petitions that the Section 4(1) Notification dated 14.2.96 was in respect of the acquisition for the purpose of establishing staff quarters for the Madras Port Trust. However, in the second Section 6 Declaration dated 10.12.01, the purpose has been changed to provide for staff quarters for Ennore Port Trust. According to the petitioners, Ennore Port Trust is a company incorporated on 11.10.99 and, therefore, the acquisition proceedings should have been on the basis of the provisions of Chapter VII of the Act, and, consequently, Section 6 Declaration and the Notification under Section 4(1) which are at variance has to be set aside on the ground that acquisition proceedings is contrary to the procedure prescribed under the Land Acquisition Act relating to acquisition of land for companies. It is contended that the learned single Judge has not adverted to this issue in spite of a specific plea and dismissed the writ petitions only for the reasons stated above.

(3.) SECTION 3 (e) of the Land Acquisition Act reads as follows: -