JEGATHA MADHUBALA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The appellants challenged the acquisition of their land under the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1977 on the ground that the Competent Authority without application of mind acquired a granite quarry earning substantial foreign exchange. The Writ Petitions were dismissed by the learned Single Judge taking into account the response given by the requisitioning department to the District Collector with regard to the factual position and ground reality. The order is under challenge in this intra court appeals.

(2.) The Government of Tamil Nadu has recorded administrative sanction for acquisition of 716.88.5 Hectares of land in Mathur Village, Thiruvannamalai District. The District Collector conducted enquiry after publication of notification under Section 3(2) of the Act. The appellants in their objection submitted that they have been doing quarrying business and it was temporarily stopped. Due to quarrying operations, big pits were formed and as such, the land is not fit for establishing industry. The objection was overruled by the District Collector. The Government thereafter issued the notification under Section 3(1) of the Act.

(3.) The appellants challenged the notification before the writ court. The appellants have contended that the land was wrongly classified as water logged area and that a jet black granite of export quality is available there. The learned Single Judge considered the rival contentions and dismissed the Writ Petition.