N THIRUNAVUKKARASU Vs. DISTRICT COLLECTOR THANJAVUR

JUDGEMENT

(1.) THE appellant has filed the writ petition in W. P. No. 667 of 1999, challenging the proceedings of the District Collector, Thanjavur, dated 16. 10. 1998, passed by virtue of the powers conferred under Section 4 (1)of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, (in short, "the Act"), deciding to acquire the land belonging to the petitioner bearing Survey No. 486/1a, measuring an extent of 0. 57. 0 hectares in thiruvaiyaru West Village, Thiruvaiyaru Taluk, Thanjavur District, contending interalia that he being the owner, was not given an opportunity to submit his objections and also copy of the report submitted by the enquiring of the collector, has not been furnished. THE learned single Judge has dismissed the writ petition, holding that in respect of the acquisition, award was passed as early as on 29. 12. 1998, while the writ petition came to be filed only afterwards, viz. , on 12. 01. 1999. It is, as against the said order dismissing the writ petition, present appeal is filed.

(2.) WE have heard the learned counsel for the appellant as well as the learned Government Pleader for the respondents.

(3.) IT is admitted that the appellant has given objections after notice of proposal of acquisition under Section 4 (2) and also after the final notification issued under Section 4 (1) of the Act, viz. , on 09. 11. 1998, objecting to the quantum of compensation. The only objection raised by the appellant in this appeal is that the enquiry report dated 09. 03. 1998, submitted by the second respondent, Special Tahsildar, Land Acquisition (Adi Dravidar welfare), Thiruvaiyaru, to the District Collector has not been served, calling upon him to submit his objections. In this regard, it is relevant to point out that, in cases where other than the District Collector, any other officer authorised by him has conducted enquiry pursuant to the notice issued under section 4 (2) of the Act, the said officer shall submit a report to the collector along with his recommendations and it is, after considering the said report, the District Collector should pass final order under Section 4 (1) of the Act. In this regard, it is relevant to extract Section 4 (3) of the Act, which states as follows: "4. Power to acquire land.- (1 ). . . . (2 ). . . (3) (a) the District Collector may, where he has himself called upon he owner or other person to show cause under sub-section (2), pass such orders as he may deem fit on the cause so shown; (b) Where any officer authorised by the District collector has called upon the owner of other person to show cause under sub section (2), the officer so authorised shall make a report to the District collector containing his recommendations on the cause so shown for the decision of the District Collector. After considering such report, the District collector may pass such orders as he may deem fit. "