LAWS(MAD)-2008-4-234

SOUNDARAVALLI Vs. GOVERNMENT OF TAMIL NADU

Decided On April 16, 2008
SOUNDARAVALLI AMMAL Appellant
V/S
GOVERNMENT OF TAMIL NADU REP. BY ITS COMMISSIONER AND SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THESE writ appeals arise out of the land acquisition proceedings initiated under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978). The challenge in these writ appeals is not res integra. The grievance of the appellants is that after the notification under Section 4(2), enquiries were conducted by the Special Tahsildars (ADW) concerned and the reports were submitted recommending the acquisition. Based on those reports, the District Collectors concerned have directed the notifications acquiring the land under Section 4(1) of the State Act.

(2.) THE bone of contention in all these writ appeals is that neither the reports of the Special Tahsildars were furnished to the appellants nor any enquiry was conducted. Hence the acquisition proceedings are vitiated.

(3.) HOWEVER, merely because the report of the Authorised Officer is not furnished, that by itself will not be a ground to interfere in the acquisition proceedings unless the land owners show prejudice.