VALLIAMMAL Vs. SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The petitioner is owner of the lands in Survey Nos. 110/1 and 110/3 measuring to an extent of 3.06 and 0.14 acres respectively. Aggrieved by the Notification issued under Section 4(1), in G.O. Ms. No. 222 Public Works (S2) Department dated 4.5.2000 and as published in Government Gazette dated 31.5.2000 and Section 6 declaration issued in G.O. Ms. No. 441 Public Irrigation Works (S2) dated 5.9.2000 and as published in Government Gazette dated 27.9.2000, the petitioner has filed the present writ petition to quash the same.

(2.) According to her, when the revenue officials surveyed her lands, she came to know that the respondents have proposed to construct a water tank and therefore, the above said lands were sought to be acquired. Objecting to the same, the petitioner gave a de- tailed notice to the 3rd respondent through her Advocate on 12.3.2001, wherein, she has submitted that, no notice was given to her regarding the acquisition proceedings. Though, the third respondent has acknowledged the notice, there was no reply. In these circumstances, the petitioner has come forward to challenge the impugned proceedings for the relief, as stated supra.

(3.) Assailing the impugned proceedings learned counsel appearing for the writ petitioner, submitted that the scheme for construction of a water tank was proposed in the year 1997 and after 3 years, the present Notifications have been issued and therefore, there is absolutely, no necessity to invoke the provision under Section 17 of the Land Acquisition Act 1984. He therefore, submitted that the Government have failed to consider the said aspect and mechanically invoked the urgency provision.