VARADAPPA GOUNDER (DECEASED) Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The land in S.Nos.26/4A, 4B and 4C belongs to Varadappa Gounder. The Government sought to acquire the lands in S.Nos.26/3, 26/4, 26/5 and 26/6 part in the Village of Pullagoundanpatti, Sankari Taluk, Salem District, under Section 4(1) of the Land Acquisition Act. In the 4(1) Notification dated 29.1.1984, the owners of the aforesaid lands were shown as Palani Gounder and Varadappa Gounder, sons of Perumal Gounder. This 4(1) Notification was not challenged by Varadappa Gounder. Therefore, the authorities proceeded with the acquisition proceedings and issued Section 6 declaration on 27.2.1985. Thereafter, award enquiry was scheduled to be conducted on 27.3.1985. The award enquiry report dated 27.3.1985 states as follows with regard to the objections that was raised on behalf of Varadappa Gounder:-

(2.) But, Mr.V.Raghavachari, learned counsel representing the counsel on record appearing for the petitioners strenuously contended that in view of Section 24(2) of the new Act, the entire acquisition proceedings lapses. This was strongly refuted by the Mr.V.Jayaprakash Narayanan, learned Special Government Pleader by contending that when there has not been any proper challenge either as against 4(1) Notification or Section 6 Declaration by Varadappa Gounder, he cannot take advantage of the provisions of the new enactment and claim any relief. He has also contended that this writ petition should be dismissed on the ground of delay and laches. The Government has also filed a counter, wherein, it is clearly stated that physical possession of the land was taken on 28.9.2004. Therefore, he contended that when once physical possession has been taken, the only remedy available to Varadappa Gounder is to collect the compensation amount and nothing else.

(3.) This Court gave its anxious consideration to the rival submissions.