P JAYACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner in W. P. No. 32 of 2005 is the owner of the land situated in 66, Perumalagaram Village, Block I in Government Wet Survey Nos. 50/2b1, 51/1, 51/2, 51/4, 52, 68/2a2 and 68/2b, Ambathur Taluk, Tiruvallur District. He is stated to be carrying on agricultural operations as a source of revenue. Under notice dated 10. 10. 2002 in Form 3 A, the second respondent initiated proceedings under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in respect of the Survey Nos. 50/2b1 and 50/2b2 measuring 9 cents, 51/1, 51/2 and 51/4 measuring 88 cents, 53 measuring 1 Acre 29 cents 68/2a2 and 68/2b both measuring 82. 5 cents situated at Perumalagaram Village, Ambattur Taluk, Tiruvallur District. An enquiry was conducted on 11. 11. 2002 by the second respondent wherein the petitioner submitted his objections for acquisition of the agricultural wet lands yielding three crops per year. The petitioner attended the enquiry at the office of the Village Administrative Officer, Perumalagaram Village on 17. 2. 2003 and submitted his detailed objections on the acquisition of his agricultural wet lands. The petitioner placed reliance on G. O. Ms. No. 1761 (Revenue Department) dated 25. 10. 1982 and G. O. No. 617 (Revenue Department) dated 18. 4. 1985 that the lands in question being agricultural wet lands, the acquisition was bad.

(2.) THE allegation of the petitioner herein is that the second respondent, without considering the grounds of objection, accepted the recommendation of the Tamil Nadu Housing Board and issued declaration under Section 6 of the Act for Ambattur Neighbourhood Scheme of the Tamil Nadu Housing Board.

(3.) AGGRIEVED by the said proceedings, the petitioner is challenging the acquisition proceedings seeking quashing of G. O. Ms. No. 132, Housing and Urban Development Department dated 24. 7. 2003 with respect to the petitioner's property measuring 3 acres and 8. 5 cents in Perumalagaram Village, Ambathur Taluk, Tiruvallur District.