M HARIDASS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN all these cases the common issue involved relates to the challenge of G.O.Ms.No.139, INdustries (MIG-2) Department, dated 03.11.2006 and the consequential acquisition proceedings initiated in terms of the provisions of the Tamil Nadu Acquisition of Land for INdustrial Purposes Act, 1997 (Tamil Nadu Act 10/1999) and consequently to forbear the respondents from proceeding with the land acquisition pursuant to the G.O. in respect of the respective lands of the petitioners. IN some of the cases declaration under Section 3(1) of the Tamil Nadu Act 10/1999 has been passed and published in the Tamil Nadu Government Gazette.

(2.) IN all these cases, the respective petitioners are owning approved housing plots, running shops, running small industries etc, in respect of various portions of the land situated in Oragadam Village, Sriperumbudur Taluk, Chingleput District. As it is stated in some of the cases, enquiry notice issued under Section 3(2) of the Tamil Nadu Act 10/1999 have been challenged and in some other cases G.O.Ms.No.139, INdustries (MIG-2) Department dated 03.11.2006, granting administrative sanction for requisition of land for the State INdustries Promotion Corporation of Tamil Nadu (for short SIPCOT) expansion have been challenged.

(3.) THE Government of India has passed Special Economic Zone Act 2005 (Central Act 28/2005) which was assented by the President on 23.06.2005, with an object to provide for establishment, development and management of Special Economic Zones for the promotion of exports and for matters connected therewith. THE said Act provides for setting up of Special Economic Zones by State Governments or its Agencies such as SIPCOT. It was pursuant to the said power, the State Government has passed the Tamil Nadu Special Economic Zones (Special Provision) Act 2005, which came into effect from 08.08.2005. Under the provisions of the said Act, the State Government is empowered to acquire lands for establishment of Special Economic Zones by exercising power under Tamil Nadu Acquisition of Land for Industrial Purposes Act (Tamil Nadu Act 10/1999). THErefore, according to the petitioners, the State Government while establishing Special Economic Zones for providing infrastructural facilities for the industries must obtain the approval of the Board or Central Government under the Central Act 28/2005.