PALANIAMMAL Vs. DISTRICT COLLECTOR 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.) "Section 4(1) of Act 31 of 1978 states as follows:-