S. RAJKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come forward with above writ petition praying for issuance of a Writ of Certiorari to call for the records of the respondents herein comprised in the impugned notification issued by the second respondent under Section 4(1) of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act (Act 31 of 1978) and published in Vellore District Gazette, Extraordinary issue No.25, dated 11.09.2001 and to quash the same insofar as it related to the petitioner's lands in S.No.436 measuring an extent of 0.90.0 hectares situate in 91 Anandalai Village, Wallajahpet Taluk, Vellore District.

(2.) It is the case of the petitioner that he is an agriculturist by avocation and his family owns an extent of 9 acres in S.Nos.436 and 437, 438 etc. situated in Anandalai Village, Walaja Taluk. He has got four school going children and that the Government has sought to acquire the land, which has not only the electrical connection, but also motor pump set, apart from the fact that the pipelines are running through S.No.436. It is further stated that if the land(s) is acquired and no ingress or egress is provided to the other land, the land(s) would become barren, since water from the pumpset has to pass through S.No.436. It is further submitted that the award notice enquiry in Form No.3 was objected to in detail and that the respondents are trying to make a mockery of the beneficial welfare Legislation of the said Act. It is further submitted that there is no justification for the Collector to acquire the land(s) belonging to the Scheduled Caste person and the Government has sought to acquire the land(s) belonging to Scheduled Caste for the purpose of Harijan Welfare Scheme. It is also stated that the petitioner has raised paddy and Ragi crops in the land(s) in S.No.436 and it is ripe for harvesting and that the there is total non-application of mind on the part of the respondents without knowing that the land(s) is agricultural land(s) and the paddy fields are there, and the action of the respondents in trying to acquire the land(s) under the said Act 31 of 1978 is in utter violation of the principles of natural justice. It is further stated by the petitioner that though the petitioner was heard in the award enquiry, the copy of the report of the third respondent that has been furnished to the second respondent, has not been given to the petitioner and that had it been produced, he would have ensured that the acquisition itself is bad in law. It is the further case of the petitioner, by reiterating that irrigation of the water is drawn from the Wells/bore-wells through the motor pumpset and it passes through S.No.436 and that there are Government Orders prohibiting acquisition of such types of land(s) and the Government is trying to acquire the paddy fields for construction of house(s) under Harijan Welfare Scheme for Harijan people.

(3.) The respondents have filed counter affidavit stating that it is true that the land(s) belong to the petitioner, but however, at the instance of the houseless Adi Dravidar of Ambedkar Nagar of Walajah, some of the land(s) belonging to the petitioner as specified in paragraph 2 of the counter, are decided to be acquired under Tamil Nadu Act 31 of 1978 and that as no lands were found suitable and no poramboke lands were available in that place, the land(s) mentioned in the said paragraph 2 have been identified and decided to be acquired for the benefits of Harijans. The following are the details of the lands that were selected at the instance of houselss Adi Dravidars of Ambedkar Nagar of Walajah in nandalai Village, Walajah Talulk, Vellore District, as specified in paragraph 2 of the counter: <FRM>JUDGEMENT_119_LAWS(MAD)11_2017_1.html</FRM>