KANDASAMY THEVAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This appeal is filed against the order dated 16.11.2012 passed by the learned single judge in WP.No.9239 of 1998.

(2.) The appellants herein challenged the Notification issued by the first respondent under Section 4(1) of the Tamil Nadu Acquisition of lands for Harijan Welfare Scheme Act, 1978 (herein after referred to as Act) by which the land in SF.No.94, Karuvalur village, Avinashi Taluk, Coimbatore District measuring to an extent of 3.31 acres owned by them was acquired for the purpose of providing house sites to the houseless Harijans residing in Karuvalur village.

(3.) The appellants contended that the respondents ought to have taken note of the fact that there are vast extent of poramboke lands available in the village which could have been utilised for the Harijan welfare scheme without acquiring the private property. The notification does not contain the purpose of acquisition and therefore the same is null and void. The relatives of the appellants have given lands for the Harijan welfare schemes earlier. The said fact was brought to the knowledge of the respondents and they failed to drop the acquisition proceedings. The appellants are depending upon the said lands and they are all engaged in agricultural operations. If the lands are acquired, their family would be put to great prejudice. The acquisition proceedings is vitiated on the ground that the report of the Special Tahsildar, Adi Dravidar and Tribal Welfare, Tiruppur which was forwarded to the District Collector was not furnished to the landowner. Since there has been violation of principles of natural justice, the entire acquisition proceeding is liable to be quashed.