THE STATE OF TAMIL NADU, REPRESENTED BY SECRETARY, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT AND ORS. Vs. N. NAGARJUNA CHETTIAR AND ANR.

JUDGEMENT

(1.) Heard Mr. R. Nagarajan, Government Advocate for appellants and Mr. A. Elango for respondents 1 and 2. The above writ appeal is directed against the order of Bhakthavatsalam, J., dated 16.7.1992 made in W.P. No. 865 of 1991 on the file of this Court.

(2.) The respondents are the owners of the lands in question which is the subject -matter of the land acquisition under the present writ petition. The State of Tamil Nadu, Adi Dravidar and tribal welfare Department issued notification under Sub -section (1) of Sec. 4 of Land Acquisition Act, 1894 in G.O. Ms. No. 1786, dated 14.9.1989 and the same was published in the Tamil daily 'Dinamalar' on 10.11.89 proposing to acquire the lands of the petitioners herein. After the notification under Sec. 4(1) was published the Special Tahsildar, Adi Dravidar and Tribal Welfare Department issued notice to the respondents for conducting an enquiry as contemplated in Sec. 5 -A of the Land Acquisition Act. The respondents submitted their objections contending that they are small farmers and the agricultural land of the small farmers cannot be acquired as per the directions which we are not at present concerned in this case. The objections raised by the respondents were overruled and the Special Tahsildar, Adi Dravidar Welfare Scheme after overruling the objections had recommended to the Government to proceed further to acquire the lands.

(3.) The Sec. 6 declaration in G.O. Ms. No. 2021, dated 3.12.1990 was also published in the Tamil daily 'Makkal Rural' on 5.12.1990. The declaration was also challenged on the ground that the same was passed after the lapse of one year from the date of publication of notification under Sec. 4(1) of the Act. In the case, the notification under Sec. 4(1) was passed on 14.9.1989 and the same was published in the daily on 10.11.1989, but the declaration under Sec. 6 was passed on 3.12.1990 in G.O. Ms. No. 2021 and as such the impugned G.O. Ms. No. 2021 dated 3.12.1990 issued under Sec. 6 of the Land Acquisition Act is illegal and erroneous as it has been issued after the expiry of one year from the date of publication of the notification under Sec. 4(1) of the Act. The appellants filed a counter affidavit through the Special Tahsildar, Adi Dravidar Welfare Scheme, Dharmapuri. The averments made in paras 3 and 4 are relevant to the notice in the present context.