CHANDRA TEXTILES LTD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed seeking issuance of Writ of Certiorari to call for the records of the second respondent in G. O. Ms. No. 217 (Housing and Urban Development) dated 28. 2. 1994, under Section 4 (1) of the Land Acquisition Act, 1894 (in short, 'the Act') and G. O. Ms. No. 114 (Housing and Urban Development) dated 31. 3. 2005 under Sec. 6 of the Act published in Tamil Daily "dinamalar" dated 28. 2. 1994 and 2. 4. 2005, quash the same.

(2.) THE petitioner owns certain lands in Kalpatti Village, Coimbatore, as per the details given below:- <FRM>JUDGEMENT_999_TLMAD0_2007Html1.htm</FRM> The respondents initiated acquisition proceedings to acquire the aforesaid lands of the petitioner and issued notification under Section 4 (1) of the Act, which was published in Government Gazette on 28. 2. 94. The last mode of publication under Section 4 (1) of the Act in the locality was made on 15. 6. 94. Thereafter, declaration under Section 6 of the Act was published in Government Gazette on 22. 5. 95, which was challenged by the petitioners in W. P. No. 2190 of 1996. Along with the said writ petition, W. P. M. P. No. 3381 of 1996 was filed seeking interim stay of the acquisition proceedings and the same was granted by this Court by order dated 27. 2. 1996. Thereafter, the said writ petition was allowed by this Court by order dated 5. 4. 2004, whereby declaration under Section 6 made on 22. 5. 1995 was quashed.

(3.) IT is seen from the records that on the date of quashing of the declaration under Section 6 of the Act on 5. 4. 2004, only 23 days were left for the period of completion of one year, if at all the respondents ought to have issued a fresh declaration within the said period of 23 days, viz. , on or before 29. 4. 2004, but, the fresh declaration under Section 6 of the Act was made only on 31. 3. 2005 and as such, it is much beyond the period of one year, hence, the petitioner has filed the present writ petition seeking to quash the fresh declaration dated 31. 3. 2005 as well as the notification under Section 4 (1) of the Act.