DHANDAPANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN these writ petitions notifications issued under Section 4(1) of the Land Acquisition Act,1894 (Central Act) (in short, "the Act") in G.O.Ms.No.638 Housing and Urban Development [L.A.3(2)] Department dated 18.07.1995 is challenged by the petitioners in respect of their lands to an extent of 1.72 and 2.58 acres comprised in Survey Nos.295/1, 296/2 and 296/5 and 296/2B, 296/5B, 295/1 and 296/5 in Kalapatti village, Coimbatore District.

(2.) THE petitioners in these writ petitions are the owners of the above said extent of lands and after purchase, they have been in possession of the said lands. Land acquisition proceedings under the Act has been initiated by the respondents to acquire lands to an extent of 14.00.5 hectares in Kalapatti Village for the purpose of construction of houses under Neighbourhood Scheme. Notification under Section 4(1) of the Act was issued in G.O.Ms.No.190 dated 25.02.1994, however, it was published after four months in the Tamil Nadu Government gazette on 15.06.1994.

(3.) MR.C.V.Vijayakumar, learned counsel appearing of the petitioners would submit that the locality publication of notification under Section 4(1) of the Act stated to be made on 20.07.1994, is not correct. According to him, even by taking the publication of notification under Section 4(1) in two Tamil dailies, viz., "Dhinamalar" and "Vetrimalai" on 17.06.1994 and 18.06.1994 respectively, in the absence of any proof to show that the locality publication was made more than one month thereafter, viz., on 20.07.1994, the declaration under section 6 of the Act passed on 18.07.1995 is clearly beyond one year period and therefore, the acquisition proceedings are liable to bet set aside.