ALIFULLAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) W. A. No. 711 of 2001 has been preferred by the appellants / petitioners against the order, dated 30. 10. 2000, made in W. P. No. 3499 of 2000. W. A. No. 2137 of 2002 has been preferred by the same appellants / petitioners, against the order, dated 03. 06. 2002, made in W. P. No. 6530 of 1994. In both the writ appeals, the appellants and respondents 1 and 2 are one and the same, though respondents 3 to 12 in W. A. No. 2137 of 2002 are individuals, claiming rights as allottees of house sites by the state.

(2.) IN W. P. No. 3499 of 2000, the appellants / petitioners have challenged the Award No. 7/93-94, dated 28. 03. 1994, passed by the respondents 1 and 2, on the ground that no notice was served on them and no prior approval from the District Collector was obtained from the Land Acquisition officer before passing the award. It is seen from the records that the award was passed as early as 28. 03. 1994 and the same was also known to the appellants herein, as per the counter filed in the earlier writ petition and that there is no dispute with regard to the said facts. As per the finding of the learned single Judge, it is an admitted fact that the petitioners have filed the said writ petition in 2000, 5 years after the order was passed and there was no explanation for the delay of five years, though the petitioners have stated that they came to know about the land acquisition proceedings and award only on a later date. The learned single Judge, in the impugned order in W. P. No. 3499 of 2000 has observed as follows in paragraph number 3 of the order now under challenge : "learned counsel has submitted that the award was passed without any notice, but on the basis of the records. Learned Government advocate has submitted that though notices were served, the petitioners have not appeared for the enquiry. Though the petitioner s contention that no prior approval was obtained from the concerned authority is sustainable, I am not inclined to interfere with the award, as the petitioners have come forward with the above writ petition after five years without any proper explanation. "

(3.) ACCORDING to the learned counsel, the publication for the land acquisition proceedings was made on 11. 02. 1994 in Kumari Murasu, Tamil daily, though the said Tamil Daily was not in circulation in the locality, where the acquired lands situate.