RAJAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners claims that they are the owners of the property situated at Survey Nos.919 1B1 A2,A3 and A4 situated at Palacode Village and Dharmapuri District, admeasuring to an extent of 0.09.0 hectares and the said land are utilized by them for seeking out their livelihood.

(2.) The said land of the petitioners sought to be acquired for the public purpose, namely establishment of Post Office and accordingly, notification under Section 4[1] of the Land Acquisition Act, 1894 [Central Act I of 1894] was approved under G.O.Ms.No.1422 dated 16.12.1985 and it was published in the Tamil Nadu Government Gazette, paper Publication, Locality publication was also effected. Thereafter, enquiry under Section 5[A] of the said Act was conducted, wherein all of them were participated in the said enquiry. Thereafter, declaration under Section 6 of the said Act was approved in G.O.Ms.No.502 of the same department dated 06.03.1987 and the publication was also effected in the Tamil Nadu Government Gazette.

(3.) The petitioners on an earlier occasion made a challenge to Section 6 declaration by filing WP.No.2049/1989 before this Court and it was entertained and interim order were granted on 20.02.1989. Ultimately, the said Writ Petition was dismissed on 13.03.1998 and interim order granted therein was vacated. The petitioner were issued notice under Section 9[1] and 10 of the said Act and Publication was also effected and they were also served with notice under Sections 9 and 10 of the said Act and the land in question was also inspected on 02.02.1989 and after conducting enquiry, an award came to be passed on 17.02.1989.