B SUBBIAH NAIDU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed challenging the land acquisition proceedings in so far as it relates to the land belonging to the petitioners in Survey No. 444 to the extent of 0. 60 cents (1. 48. 0 hectares) of Velankurichi Village, Coimbatore Taluk.

(2.) ACCORDING to the petitioners, the said property has been purchased for family purpose, being the agricultural lands under sale deed dated 14. 03. 1988 and the petitioners are small farmers. The Government has issued Section 4 (1) notification under the Land Acquisition Act, 1894 which was published in the Government gazette on 20. 04. 1994, proposing to acquire the above said lands for providing house sites to public by the Tamil Nadu Housing Board. The said notification was published in the newspapers on 23. 04. 1994 and according to the petitioners, the substance of the the said notification was not published. A notice under Section 5-A of the Land Acquisition Act, 1894 was issued on 21. 11. 1994 to the petitioners, besides various other owners comprised in the above survey number and other adjacent properties. Section 5-A enquiry was directed to take place on 12. 12. 1994 and the petitioners have submitted detailed objections. Notwithstanding the said objections, the Land Acquisition Officer passed an order on 20. 01. 1995, rejecting the objections of the petitioners. The proceedings by the Land Acquisition Officer were questioned on the ground that the Land Acquisition Officer has not followed the procedure contemplated under Rule 4 (b) of the Tamil Nadu Land Acquisition Rules framed as per the said Act. Thereafter, Section 6 declaration was issued in G. O. Ms. No. 540 Housing dated 06. 06. 1995 and the petitioners were not aware of the same till they were served with notice under Sections 9 (3) and 10 of the Land Acquisition Act, 1894 on 28. 02. 1997.

(3.) THE land acquisition proceedings are challenged on various grounds, viz. ,