K RAMAKRISHNAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE acquisition of an extent of 1407. 83. 0 Hectares of wet, dry and natham lands in Mannapuram, Kottagam, Sathapadi, Siruvarapur, Uyyakondaram, U. Aihanur, Valayamadevi, Keelpathy and Melpathi and Periavadavadi Villages for the purpose of Second Mine Expansion Scheme of Neyveli Lignite Corporation Ltd. , within the contours of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (for brevity, "t. N. Acquisition of Land for Industrial Purposes Act") and the Rules framed thereunder viz. , Tamil Nadu Acquisition of Land for Industrial Purposes Rules, 2001 (for brevity, "t. N. Acquisition of Land for Industrial Purposes Rules") and the attempts of the land owners/interested persons to throttle the same are the issues that arise for our consideration in these group of writ petitions.

(2.) THE Neyveli Lignite Corporation (in short, "nlc") is a Public rise, incorporated under the Companies Act, by the Government of India. The NLC is engaged in mining lignite and generating power from the lignite so mined. Its mining operation and the generation of power are concededly industrial activities and the same is an on going process. The power generated is supplied to the Southern States, both for consumption of the general public as well as for industrial purposes. The NLC is thus providing essential services for development of the Nation as a whole and the Southern States in particular.

(3.) IN furtherance of the activities of NLC, the Government of Tamil Nadu, satisfied with the need for the purpose of Second Mine Expansion Scheme of NLC, accorded permission for acquisition of 1407. 83. 0 Hectares, referred to above, by G. O. Ms. No. 48, Industries (MIA. 1) Department, dated 24. 4. 2003. Accordingly, acquisition proceedings were initiated by issuing notice under Section 3 (2) of the T. N. Acquisition of Land for Industrial Purposes Act in Form - B and also caused a public notice in the newspapers calling upon the owners and any other person, who may be interested in such land to show cause why the land should not be acquired. A public hearing was also conducted on 17. 2. 2005 and the land owners/interested persons submitted their objections with supporting evidence, oral and documentary. The objections were forwarded to the NLC, who also submitted its remarks on 16. 5. 2005. Similarly, the Collector also submitted his report dated 5. 9. 2005. Thus, after the hearing and considering the objections, remarks of the NLC and the report of the Collector, the Government acquired the impugned lands by issuing notifications under Section 3 (1) of the T. N. Acquisition of Land for Industrial Purposes Act and the same were published in the Government Gazette on, (i)G. O. Ms. No. 136, Industries (MIA - 1), dated 15. 11. 2005, (ii)G. O. Ms. No. 28, Industries (MIA - 1), dated 2. 3. 2006, (iii)G. O. Ms. No. 38, Industries (MIA - 1), dated 21. 4. 2006, (iv)G. O. Ms. No. 60, Industries (MIA - 1), dated 7. 7. 2006, (v)G. O. Ms. No. 90, Industries (MIA - 1), dated 7. 8. 2006, and (vi)G. O. Ms. No. 121, Industries (MIA - 1), dated 9. 10. 2006. Aggrieved by that, the land owners and other persons interested in the lands have filed these group of writ petitions.