E BALU Vs. SPECIAL TAHSILDAR SALEM

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the notification under Section 4(1) of the Land Acquisition Act issued in G.O. Ms. No. 223, Housing and Urban Development dated 18.6.1997 and the declaration under Section (6) of the Act issued in G.O. Ms. No. 312, dated 7.8.1998, insofar as it relates to the petitioners land measuring 0.72 Acres in R.S. No. 118/1, 53, Ayyamperumalpatti Village, Salem Taluk.

(2.) THE challenge in respect of the acquisition is on various legal grounds including that 4(1) notification was not notified in the locality or other convenient places as per the mandatory requirement under Section 4(1) of the Act. THE requisition is for the Housing Board. When the petitioner appeared for enquiry under Section 5(A) of the Act on 16.10.1997 and submitted their objections dated 15.10.1997, which was served to the Housing Board for offering the remarks and the remarks received from the Tamil Nadu Housing Board dated 2.4.1998 was received and no enquiry was conducted as per Rule 3(b) on 4.5.1998 and the first respondent has simply received the objections and sent the petitioners out and that the objections raised by the petitioners have not been considered in the light of the remarks given by the Housing Board dated 2.4.1998, that the samathi of the petitioners" father is situated in the said land and also there is a temple, which has not been considered. That apart, it is also stated that the property belonged to small farmers like petitioners should not be acquired is the policy of the Government. It is also further stated that the award was passed beyond the time prescribed under Section 11(A) of the Act.

(3.) ON the other hand, the learned Additional Government Pleader by producing the file would contend that the local publication was effected on 10.8.1997 and therefore, within the period of one year between 4(1) notification and 6 declaration, acquisition has been made and the proceedings are valid in law. She would also contend that the enquiry conducted under 5(A) of the Act on 4.5.1998 in which the remarks of the Housing Board dated 2.4.1998 was also considered and therefore there is no illegality in conducting the enquiry. She has also produced the entire file regarding the land acquisition.