PANAYANMMA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition has been filed seeking to quash the G.O.Ms.No.123, Adi Dravidar and Tribal Welfare Department dated 04.10.2004 relating to Lands in Survey No,589/3A5 of an extent of 3.19.5 hectares and Survey No,578/1A1 of an extent of 0.10.5 totalling to 5.30.00 hectares in Karungalakkudi village, Melur Taluk, Madurai District.

(2.) FOUR petitioners are the absolute owners of property which was subjected to acquisition under Section 4(1) of the Acquisition of Lands for Harijan Welfare Schemes Act 31 of 1978. The said Notification under Section 4(1) was published in Government Gazette on 16.02.2000. The third respondent, the Special Tahsildar (Land Acquisition) issued notice for determination of compensation to be awarded for the land acquired as aforesaid. The third respondent fixed certain amount as compensation, which was totally determined in a sum of Rs.7,96,760/- Aggrieved by the said determination, the petitioners have preferred appeals in L.A.C.M.A.Nos.13 to 16 of 2000 on the file of the learned III Additional Subordinate Judge, Madurai and the same were disposed off by a common order dated 30.09.2003 enhancing the compensation. Aggrieved over the enhancement, the third respondent, the Special Tahsildar (Land Acquisition) preferred second appeals in S.A.Nos.1045 to 1048 of 2004 and they are pending before the Madurai Bench of Madras High Court.

(3.) SECTION 4 (1) and SECTION 5 of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act 1978 (Tamil Nadu Act 31 of 1978) reads as follows: "4.Power to acquire land: (1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme , it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this SECTION." 5. Land Acquired to vest in Government free from all encumbrances: When a notice under sub section (1) of SECTION 4 is published in the District Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published ,vest absolutely in the Government free from all encumbrances."