SOUNDARAVALLI AMMAL Vs. GOVERNMENT OF T N

JUDGEMENT

(1.) THE Government of Tamil Nadu issued a notification under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, dated 8.12.1995, proposing to acquire the lands of the appellants, for the purpose of providing house sites to Adi Dravidas. Challenging the said notification, the appellants herein have filed W.P. Nos. 3356 and 3766 of 1966. Before the learned Single Judge, as could be seen from Para No.2 of the common order passed by the learned Single Judge, dated, 10.11.2000, the following contentions were raised by the appellants/writ petitioners:

(2.) THE learned Single Judge, answering all the said contentions against the writ petitioners, has dismissed both the Writ Petitions. Aggrieved, these Writ Appeals are preferred by the petitioners therein.

(3.) IT is to be pointed out that when the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 was struck down as being ultra vires the Constitution of India by this Court, the said decision was challenged before the Honourable Supreme Court by the Government and Their Lordships of the Three Judge Bench of the Honourable Supreme Court in State of Tamil Nadu and others v. Ananthi Ammal and others, AIR 1995 SC 2114, considering all the provisions of the Act, have ultimately held that "except for the provisions of Section 11(1) of the said Act insofar as they provide for payment of the compensation amount in instalments, the said Act is intra vires the Constitution."