SOUTHERN RAILWAY Vs. S PONNUSAMY

JUDGEMENT

(1.) THE Southern Railway has filed this appeal against the decision of the learned single Judge rendered in W. P. No. 13301 of 1999, whereunder, the learned single Judge allowed the Writ Petition filed by the respondent No. 1 and quashed the 4 (1) Notification as well as declaration made under Section 6 of the Land Acquisition Act, seeking to acquire the lands belonging to respondent No. 1.

(2.) THE brief facts are as follows: the Notification under Section 4 (1) of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') was issued by the State Government on 1. 6. 1999 for acquisition of certain lands for the Southern Railway. Enquiry under Section 5-A of the Act was dispensed with by invoking the urgency clause and declaration under Section 6 was made on 2. 7. 1999.

(3.) RESPONDENT No. 1 filed W. P. No. 13301 of 1999 seeking to quash the Notification under Section 4 (1) and the declaration under Section 6 of the Act, so far as they relate to the acquisition of 0. 28. 5 ares of land in S. No. 470-12b, 0. 01. 5 ares of land in S. No. 471/8a, 0. 05. 0 ares of land in S. No. 471/9b, 0. 05. 0 ares of land in S. No. 471/10b and 0. 04. 5 ares of land in S. No. 471/1b of Kosavampatti village, Namakkal town, Namakkal taluk, belonging to respondent No. 1.