P ANNAMALAI Vs. COLLECTOR OF RAMANATHAPURAM AND ORS

JUDGEMENT

(1.) R. Annamalai of Veppankulam (via) Kallal, Ramnad District is the petitioner in W.P.No. 1720 of 1983. The Collector of Ramnad at Madurai; the Special Tahsildar, Adhi Dravidar Welfare, Devakottai; and the Secretary to Government of Tamil Nadu, Social Welfare, Madras are the respondents in W.P.No. 1720 of 1983. This writ petition is for quashing the order of the second respondent comprised in RCO-A/1469-82, dated 20.1.1983 and the 4(1) Notification of the third respondent in G.O.Ms.No. 2819, S.W.D. dated 24-11-1982, published at page 25 of the Extraordinary issue of the Tamil Nadu Government Gazette dated 8-12-1982, with respect to the acquisition of the lands of the petitioner in S.No. 126/1C and S.No. 126/78 of Veppankulam village, Karaikudi Taluk, Ramnad District.

(2.) R. Krishnamurthi, Theli Village, Villupuram Taluk, South Arcot District is the petitioner in W.P.No. 2199 of 1983. The State of Tamil Nadu represented by under Secretary to Government, Social Welfare Department, Government of Tamil Nadu Madras-9 and the Special Tahsildar, Adhi Dravidar Welfare, Villupuram Taluk, South Arcot District are the respondents in this writ petition. This writ petition is for queshing the proceedings relating to G.O.Ms.No. 2094, Social Welfare Department, dated 30.8.1982, published as Notification No. 11(2) S.W.5234/82 at pages 45 and 46 of Part II, Supplement Section II of Tamil Nadu Government Gazette dated 29-9-1982 as illegal, incompetent and without jurisdiction, and further directing the respondents herein not to proceed further in regard to acquisition of lands belonging to the petitioner herein and situate in R.S.No. 2674/7 and of an extent of 0.86 out of 1.46 acres in the village of Venamaniyuthur village, Villupuram Taluk, South Arcot District.

(3.) In W.P.No. 1720 of 1983, the petitioner has inter alia stated in the affidavit accompanying the petition that in 1971 he purchased from Chinnaperumal Servai and others an extent of 56 cents in S.No. 125/1C for the purpose of raising construction for his residential purposes; that the petitioner and the members of his family are living in a residence close by a channel; that the said property is always subject to erosion whenever there is flow of water in the channel; that in view of the same, he purchased the above mentioned property for construction of a house, that he could not however do so immediately because of want of resources; that he has salvaged through his personal exertion for construction of the house in the said property; that likewise other joint owners who are in joint possession with the petitioner of the property comprised in 126/78 desire to raise construction for their residence; that the said properties are eminently fit for their residence as they are in the neighbourhood of their own relations in the said village; and that in this State of affairs the third respondent herein has caused a Notification under Section 4(1) of the Land Acquisition Act, purporting to be for the provisions of house sites to Adhi Dravidars of Veppankulam village, under G.O.Ms.No. 2819, Social Welfare Department, dated 24-11-1982 published at page 25 of the Extraordinary issue of Tamil Nadu Government Gazette dated 8-12-1982. Pursuant to the same a notice combining Section 4(1) and 5(A) of the Land Acquisition Act I of 1894, as amended by Act 38 of 1923 was issued to the petitioner stating that he shall file objections to the same within 15 clays of the receipt thereof and that an enquiry shall be held on 18.1.1983 at the Taluk Office, Karaikudi at 11.30 a.m. when the petitioner is at liberty to appear in person or by pleader and to adduce any oral or documentary evidence in support o his objection. The petitioner has further stated that he submitted objections dated 16.1.1983 to the second respondent and further slated before the second respondent that the property was absolutely needed for their residential constructions and that he would be put to great hardship if the same were to be acquired by the Government; that the second respondent negatived his contentions and has passed an order dated 20.1.1983 in his proceedings in R.O.C./A/ 1568/82 stating that further proceedings will be pushed through for the acquisition of the said lands; that the petitioner submitted further objections on 21-1-1983 and 7-2-1983 to the Collector and others and also sent a copy of the same to the second respondent. It is further contended by the petitioner that the aforesaid order of the second respondent is illegal and without jurisdiction; and that the said order is also bad as failing to comply with the mandatory provision of the statutory Rules made under Section 55 of the Land Acquisition Act; that Rule 3 of the Land Acquisition Rules has been violated with impunity; that under the said provision it is incumbent upon the second respondent to hear the objections of the objectors and also of the requisitioning authority for land acquisition and comply with the procedure as envisaged under the said rule; that in the absence of any such compliance of the said rule which is mandatory the entire proceedings are rendered and ab initio void. The petitioner has further stated that the order of the second respondent is also bad in that it purports to pass an order on 20-1-1983, soon after the enquiry purported to have been held on 18-1-1983 without affording to the parties opportunity to lead oral or documentary evidence in support of their objections; and that the second respondent has failed to realise that the enquiry contemplated under Section 5(A) of the Land Acquisition Act is a quasi judicial one and ought not to be dealt with in a summary fashion as done by the second respondent. It is submitted by the petitioner that the order dated 20-1-1983 of the second respondent in his proceedings in ROC/A/ 1469/82 as also the 4(1) Notification under the Act published at page 25 of the Extraordinary issue of Tamil Nadu Government Gazette dated 8-12-1982 in G.O.Ms.No. 2819 (Social Welfare Department) dated 24-11-1982 are liable to be quashed.