DASARATHAN Vs. SPECIAL TAHSILDAR (LA), NEIGHBOURHOOD SCHEME, SALEM

JUDGEMENT

(1.) This is a petition to quash the notification under Sec. 4(1) of the Land Acquisition Act. 1894, (hereinafter to be referred to as the Act), dated 4.9.1981 as well as the declaration under Sec. 6 of the Act ; dated 17.8.1984 and published in the Government Gazette dated 12-9-1984 in so far as the land of the petitioner, viz. 25 cents in survey No. 125/1, Ayyamperumalpatti village, Salem taluk.

(2.) The land in survey No. 125/1 in Ayyamperumalpati village, Salem taluk, it is stated, originally stood in the name of the petitioner's father Chinna Gounder. According to the petitioner, the said Chinna Gounder passed away 10 years prior to the filing of this writ petition. According to the petitioner, the petitioner has been paying kist for the land and his name should have been included in the Revenue records.

(3.) There was a proposal by the Executive Engineer and Administrative Officer, Salem Housing Unit, Salem for the acquisition of lands to the extent of 26.39 acres in survey No. 116 etc. in the said village for the construction of house by the Tamil Nadu Housing Board in the month of March, 1980. Accordingly, the first respondent issued a notice under Sec. 4(1) of the Act and in the notification under Sec. 4(1) of the Act dated 4.9.1981, it was stated that the land in survey No. 125/1 with the boundaries described was stated to have belonged to the said Chinna Gounder. In other words, the notification under Sec. 4(1) of the Act was issued in the name of a dead person . Further, the enquiry under Sec. 5A of the Act was conducted by the Land Acquisition Officer on 7.1.1981 in the Office of the Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Salem after due publication in the village and after service of notice on the interested persons. It seems, in this case, the notice for the enquiry under Sec. 5A of the Act was served on the wife of the writ petitioner. Probably, the first respondent was aware of the fact that Chinna Gounder was no more and that is why the enquiry notice was served on ; the wife of the petitioner. Further, at the time of the enquiry under Sec. 5A of the Act, it was brought to the notice of the first respondent, the Special Tahsildar (LA) Neighbourhood Scheme, Salem that Chinna Gounder was no more and on the basis of the representation made by the writ petitioner, the name of the writ petitioner was included in the draft declaration dated 17.8.1984. In the draft declaration which was published in the Government Gazette, the Government rectified the mistake by stating that the land belongs to Dasarathan the petitioner herein, son of late Chinna Gounder. The draft declaration itself makes it clear that the first respondent was aware of the fact that Chinna Gounder was no more. Further enquiry under Sec. 5A of the Act was conducted on 7.2.1981 and objections were received from the persons participated in the enquiry and the objections were forwarded to the requisitioning body on 11.12.1981 for remarks, and the remarks received from the requisitioning body were furnished to the objectors on 12.4.1982 with a direction to appear in the further enquiry on 26.4.1982. Then, further enquiry under Rule 3(b) of the Rules framed under the Land Acquisition Act was held on 26.4.1982 and the first respondent has recommended to the Government for the acquisition of the lands and on the basis of the recommendation, declaration under Sec. 6 of the Act was issued in the Government Gazette dated 12.9.1984.