SELLAPPA GOUNDER Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS petition is filed for the issue of a Writ of Certiorari calling for the records of the State of Madras relating to G. O. No. 4256, Home, dated 14-9-1965 published in Fort St. George Gazette, dated 29-9-1965 and for quashing the same.

(2.) THE Petitioners are the owners of Survey No. 250/28 and S. No. 2491/a in ariyur Village, Namakkal Taluk, Salem District. Regarding this land, the government issued a notification under Section 4 (1) of the Land Acquisition Act on 14-9-1965. In the same notification, under Sub-section (4) to Section 17, the governor directed that in view of the urgency of the case, the provisions of section 5-A shall not apply. On the same date 14-9-1965, the Governor also made a declaration under Section 6 of the Land Acquisition Act declaring that the lands were needed for public purpose, namely for making provision for house sites for harijans of Nadupatti. These two notifications are challenged in this writ petition.

(3.) MR. V. P. Raman, the learned Counsel for the Petitioners raised three contentions. Firstly, he submitted that the notification under Section 4 (1), the dispensing of the provisions under Section 5-A and the issuing of declaration under section 6 of the Land Acquisition Act on the same date are illegal and contrary to section 17 (4) of the Land Acquisition Act. Secondly, he submitted that the State was not justified in invoking the provisions under Section 17 (4) as there was no urgency as contemplated under the section. Thirdly, he contended that the acquisition of the house under Section 17 (2) (b) (ii) (c) can only be justified for making provision for houses for the poor and not for Harijans as a class as there may be harijans who are rich.