PALANIAMMAL Vs. DISTRICT COLLECTOR COIMBATORE DISTRICT

JUDGEMENT

(1.) This case arises under the acquisition of land under the Harijan welfare Scheme Act, 1978 in respect of the lands of the petitioners comprised in S.F. No. 147/1 (0.83.0 hectares), 74, Pallapalayam Village, Udumalpet Taluk, Coimbatore District.

(2.) A notice dated 01.09.1995 was issued under Section 4(2) of Act 31 of 78 by the Special Tahsildar, Pallipalayam Village, in Form No. I as per Rule 3(1) of the rules framed under the Act for acquisition, for which the first petitioner on behalf of her family has submitted her objections on 27.09.1995. The notice was served on the first petitioner on 20.09.1995 calling upon the petitioner for an enquiry on 22.09.1995. Since as per the requirement under Rule 3(1), 15 days prior notice was not available, another notice was issued on 09.10.1995 fixing the date of hearing as 27.10.1995. According to the respondents, the petitioners refused to receive the said notice and hence notice was served by affixture on 10.10.1995. The land owners have sent their objections on 27.09.1995 and 28.10.1995 respectively. After considering the objections, 4(1) notification was issued in the Coimbatore District gazette on 06.12.1995. The award was passed on 29.03.1996. Even though the points relating to the furnishing of recommendation of authorised officer was raised as one of the legal grounds challenging the acquisition proceedings, Mr. N. Damodaran, learned Counsel appearing for the petitioners would submit that he is not pressing the point and he restricts the point only as to the locality publication of 4(1) notification and also the procedure for affixture of notice under Section 4(2) of the Act.

(3.) In the counter affidavit filed by the second respondent dated 14.01.2008, the second respondent has stated that subsequently the Government has acquired the adjacent lands to an extent of 4.36 acres and from the said lands, 120 plots were laid. Out of 120 plots, 96 plots have been issued to the beneficiaries and out of the remaining 24, 13 eligible beneficiaries have been identified and still there were 11 plot vacant to be distributed to the beneficiaries. It was in those circumstances the second respondent has stated in the counter affidavit that the second respondent has already written to the District Adi Dravidar and Tribal Welfare Officer stating that the land acquisition proceedings in Survey No. 147/1, which is the subject matter of the present writ petition, may be dropped in view of the subsequent land acquisition of larger extent of lands belonging to Chellandi Amman koil, under the control of the Hindu Religious and Charitable Endowments. It is also seen that challenging the said acquisition of the said temple lands, fit person of the temple has filed W.P. No. 14180 of 2000 and that writ petition came to be dismissed as withdrawn, as it is seen in the affidavit of the second respondent, Special Tahsildar. It was in those circumstances, the learned Government Advocate was directed to find out as to whether the lands are still required for the benefit of Harijans. The District Collector by his affidavit filed in February 2008, while admitting the subsequent acquisition and allotment of 120 plots, however, has stated that the Harijans community people are approaching in large number, and therefore, the lands are required, by meaning that for future allotment to the beneficiaries. The portion of the affidavit filed by the Collector reads as follows: