S SARASWATHI Vs. STATE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in this writ petition have challenged the notification issued by the first respondent, Government in G.O. Ms. No. 73 dated 19.2.1997, published in the Government gazette dated 19.3.1997 under Section 4(1) of the Land Acquisition Act,1894 in respect of the lands to an extent of 3 acres situate in Survey No. 485/1 in Kasipalayam Panchayat, Erode Village and Taluk.

(2.) THE petitioners 1 to 4 have purchased the said 3 acres out of 3.55 acres on 25.2.1986 and after that they obtained necessary approval on 21.1.1988 and formed a lay-out consisting of 43 plots and a shop and the petitioners 5 to 9 -have purchased various house sites under the approved lay-out from petitioners 1 to 4 on 27.9.1995. According to the petitioners, originally, the total extent of land (3.55 acres) comprised in Survey No. 485/1 belonged to the family of one N. Kandasamy Gounder and his wife Valliammal and their two sons, viz., K. Palanisamy and M.K. Ramasamy and the revenue records stood in the name of K. Palanisamy. 2(a). ) As stated above, petitioners 1 to 4 have purchased the said 3 acres of land under a registered sale deed dated 25.2.1986 in equal moiety. THE Deputy Director of Town and Country Planning, Coimbatore in his proceedings in DTCP Na. Ka. 1890/87 has granted approval for lay-out and after the approval, petitioners 1 to 4 have also registered gift deeds in respect of the places allotted for road and park and based on the same, Kasipalayam Panchayat has also passed resolution on 20.1.1988, accepting the gift after getting necessary approval. Various plots were sold on 20.1.1993. Petitioners 1 to 4 got the patta changed in their names. THE remaining properties were sold in 1995 under 15 sale deeds consisting of 30 plots and one of the purchaser has also put up a pucca terraced building in the year 1996 itself. 2(b). ) It was later, the petitioners came to know that the respondents have initiated proceedings to acquire the entire extent of 3.55 acres in Survey No.485/1 for construction of LIG/MIG/HIG houses by the Tamil Nadu Housing Board under a Neighbourhood Scheme. THEy came to know that Section 4(1) notification was issued on 19.2.1997 in G.O. Ms. No. 73 Housing and Urban Development Department and the second respondent has conducted enquiry under Section 5-A of the Land Acquisition Act, 1894. According to the petitioners 1 to 4 even though they have purchased 3 acres of land in Survey No.485/1 as early as in 1986, and the revenue records stand in their name, they have not received any notice from the second respondent for enquiry under Section 5-A of the Act. It was after they came to know about the acquisitions" proceedings, they obtained the copy of the notification and filed the present writ petition. 2(c). ) THE said 4(1) notification is challenged on various grounds including that the notification does not contain the names of the petitioners 1 to 4 who have purchased as early as in 1986; the notification is against the guidelines issued by the Government, since it pertains to approved lay-out; the notification was not given by local publication as envisaged under Section 4(1) of the Land Acquisition Act; the substance of the notification has not been published and therefore the entire procedure is in violation of Section 4(1). According to the petitioners, the respondents are proceeding to issue declaration under Section 66 of the Act and it was at that time they have filed the present writ petition.

(3.) THE learned counsel appearing for the respondents has also produced the files regarding the land acquisition proceedings.