GOUNDATHAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioners challenge the notification issued under Section 4(1) of the Land Acquisition Act,1894 (Central Act I of 1894) (in short, "the Act") in G.O.Ms.No.670, Housing and Urban Development Department (LA 2), dated 31.7.1995 and also the declaration under section 6 of the said Act in G.O.Ms.No.422, Housing and Urban Development Department (LA 3-2) dated 26.9.1996 in respect of their lands measuring 0.90.5 hectares in S.F.No.15/2 situate in 19, Vellakinar village, Coimbatore North taluk, Coimbatore District.

(2.) ACCORDING to the petitioners, the notification under section 4(1) of the Act was published on 31.7.1995 on the basis that the properties were required for public purpose of formation of Thudiyalur Neighbourhood Scheme. It was published in the Government Gazette on 13.9.1995. Thereafter, section 6 declaration was issued and published on 27.9.1996. The Tamil Nadu Housing Board is the requisitioning body for the Scheme. The names of the petitioners were found registered in the land records. In 5A enquiry, the petitioners filed their objections. However, according to the petitioners, there was no enquiry conducted as per section 5A of the Act and the objections raised by the petitioners were not forwarded to the requisitioning authority and the reply from the requisitioning authority has not been communicated to the petitioners and considered. Therefore, according to the petitioners, the enquiry conducted without notice under section 5A of the Act is not valid in law.

(3.) I have heard learned counsel for the petitioners and the respondents as well as perused the files.