JAWAHARPURAM DEVANGA WEAVERS CO OPERATIVE PRODUCTION AND SALE SOCIETY SOCIETY LTD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN the above writ petition, the petitioner has prayed for a issue of Writ of Certiorarified Mandamus calling for the records relating to G.O.Ms.No. 626, Housing dated 05.04.1978 in publishing Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the said Act) and G.O.Ms.No. 317, Housing and Urban Development dated 05.05.1981 in issuing Declaration under Section 6 of the Land Acquisition Act on the file of the first respondent and published in Tamil Nadu Government Gazette dated 07.05.1981 and quash the same and forbear the respondents from proceeding with acquisition of the Petitioner's land comprised in G.S.No. 236, Kavundampalayam Village, Coimbatore Taluk measuring 3.27 acres.

(2.) THE brief facts of the case is stated as follows:- THE petitioner society purchased an extent of 3.27 acres comprised in G.S.No.236, Kavandampalayam Village, Coimbatore Taluk under a registered sale deed dated 09.07.1968 with a view to locate a Housing Colony for the members of the Society. THE petitioner society moved the State and Central authorities for the formation and approval of a Housing Colony for its members and all preliminary arrangements had been made a preparation of lay out and getting subsidy from the Central Government.

(3.) THE learned counsel for the petitioner further contents that the impugned acquisition proceedings also vitiates for non- compliance of Rule 3(b) and relies upon the Decision reported in State of Mysore v. V.K. Kangan, 1976 (II) SCC 895 and a decision of this Court reported in Ponnusamy, C v. Government of Tamil Nadu, 1997 (I) CTC 212. He further contends that the petitioner have filed their objection to the Notification issued under Section 4(1) of the Act and participated during the enquiry under Section 5A; but the respondents have not forwarded the objections to the requestioning authority, obtained the remarks and furnished the same to the writ petitioner and held a further enquiry before passing Declaration under Section 6 in G.O.Ms.No. 317, Housing and Urban Development dated 05.05.1981.