VIJAYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari culminated in the proceedings of the first respondent issued in G.O.Ms.No.171,dated 10.2.1995 and the declaration under section 6 of the Land Acquisition Act in G.O.Ms.No.185, dated 26.3.1996 calling for the records and quash the same in so far as the petitioners' land situated in R.S.No,502/8 of Rangampalayam, opposite to Jeeva Nagar, Erode-9, Erode District with the first petitioner purchased an extent of 780 sq.ft.dated 07.3.1995, 2nd petitioner purchased an extent of 780 sq.ft.on 07.3.1995, 3rd petitioner purchased an extent of 600 sq.ft.on 28.2.1995, 4th petitioner purchased an extent of 750 sq.ft.on 07.3.1995, 5th petitioner purchased an extent of 800 sq.ft.on 16.3.1995, 6th petitioner purchased an extent of 780 sq.ft.on 01.3.1995, 7th petitioner purchased an extent of 780 sq.ft.on 01.3.1995, 8th petitioner purchased an extent of 930 sq.ft.on 28.2.1995, 9th petitioner purchased an extent of 802 1/2 sq.ft.on 07.3.1995, 10th petitioner purchased an extent of 780 sq.ft.on 28.2.1995, 11th petitioner purchased an extent of 630 sq.ft.on 07.3.1995, 12th petitioner purchased an extent of 780 sq.ft.on 07.3.1995, 13th petitioner purchased an extent of 765 sq.ft.on 07.3.1995, 14th petitioner purchased an extent of 780 sq.ft.on 07.3.1995, and 15th petitioner purchased an extent of 600 sq.ft.on 16.3.1995.)The writ petition is filed by the petitioners seeking to challenge the proceedings of the first respondent in G.O.Ms.No.171, dated 10.2.1995 as well as the declaration made under section 6 of the Land Acquisition Act (Central Act 1 of 1894) by G.O.Ms.No.185 dated 26.3.1996 and to quash the same in respect of the petitioners' lands purchased in Survey No,502/8.

(2.) IT is stated by the learned counsel for the petitioners that the petitioners during February and March 1995 purchased house sites in R.S.No,502/8 from the land owners by way of registered sale deeds. The site was purchased for the purpose of building houses. Some of them are having tiled houses and others are having thatched houses. They are also having electricity connection to their houses. When the petitioners came to know that the first respondent State issued notification under section 4(1) of the Land Acquisition Act vide G.O.Ms.No.171, Housing and Urban Development Department, proposing to acquire the lands for the purpose of constructing houses by the Tamil Nadu Housing Board, the petitioners made representations to exclude their plots from the Housing Board as they belonged to Scheduled Caste community and are also living in the said lands. The lands owned by the petitioners were on the periphery of the Scheme made by the respondent Housing Board and, therefore, the exclusion will not result in the scheme getting altered. IT is stated by them that without considering their objections, the State Government issued G.O.Ms.No.185, Housing and Urban Development Department, dated 23.6.1996 under section 6 of the Land Acquisition Act. Therefore, they have approached this Court challenging the notification issued by the State Government raising various grounds. The objection raised by the petitioners are set out in their written representations dated 'nil' enclosed in page 9 of the typed set.

(3.) IT is also stated by them that the notification under section 4(1) was made on 10.2.1995. IT is also published in the Tamil Nadu Government Gazette on 15.3.1995. On 20.3.1995, newspaper publication was made in two newspapers having circulation in the area. The local publication was made on 30.3.1995. Section 5-A enquiry notice dated 28.3.1995 was served on the land owners. The enquiry report was made on 08.1.1996. The draft declaration was issued on 26.3.1996 by G.O.Ms.No.185. The same was published in the Government Gazette on 27.3.1996 and a newspaper publication was made in two newspapers on 28.3.1996. The local publication was made on 29.3.1996. Section 9(1) notice dated 19.1.1998 and section 9(3) notice, which is also of the same date, was served on the affected on the affected parties on 19.1.1998. An award was passed being Award No.1/98 on 25.3.1998. IT was thereafter the petitioners have moved and obtained stay of dispossession on 03.4.1998. However, this Court granted permission to proceed with the enquiry.