VARADHARAJAN Vs. LIEUTENANT GOVERNOR UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) THIS appeal has been directed against the Order passed in Writ petition No. 10033 of 1997 by the learned single Judge of this Court, dated 28. 09. 2001.

(2.) THE material facts shorn off unnecessary details for the disposal of this appeal are as follows: the Government of Union Territory of Pondicherry issued Notification under Section 4 (1) of the Land acquisition Act, 1984 in G. O. Ms. No. 71, Revenue Department, dated 24. 10. 1994, which was published in the Gazette of pondicherry on 08. 11. 1994. It was declared that the lands belonging to one Nagamuthu Chettiar, son of Murugaiyan comprised in dry Survey Nos. 102/1a, 102/2b and 1025a/2, totally sprawling to an extent of 0. 76. 34 Hectares in pillaiyarkuppam Village of Pahur Sub Taluk, are acquired for public purpose for the construction of Kirumampakkam police station and staff quarters at Pillaiyarkuppam revenue Village. It is also stated therein that in accordance with the provisions of Section 4 (1) of the Land acquisition Act,1894 (Central Act, 1/1894) (herein after referred as Act), notice was given to all whomsoever it may concern. In the above said Notification, it is also mentioned that under Section 17 (4) of the Act, the administrator, Pondicherry directs that in view of the urgency of the case the provisions of Section 5 (A) of the act shall not apply to this case.

(3.) THE original owner of the said properties had three sons by name Murugaiyan, Ganapathy and Ranganathan, among whom Ganapathy is posing in this writ proceedings as power of agent to one Varadharajan who is none other than brother's son of Nagamuthu.