M PADMAVATHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in all these writ petitions are the owners of the lands acquired by the respondents for the establishment of the industrial complex. THEy have filed these writ petitions, challenging the acquisition of their lands. Apart from the availability of the poramboke lands, the Government has decided to acquire an extent of 935.52.0 Hectares in Sriperumbudur 'C", Pondur 'A', Pondur 'C", Irungulam, Araneri, Mambakkam, Thirumangalam. Sirumangadu and Santhavellur villages of Sriperumbudur Taluk of Kancheepuram District to form an industrial complex in the area. THE State Industries Promotion Corporation of Tamil Nadu (SIPCOT) addressed the Government for administrative sanction for the establishment of an industrial complex in the above area and also to acquire the private lands by invoking the urgency clause under Section 17(1) of the Land Acquisition Act, 1894 (Central Act I of 1984) (hereinafter called as 'the said Act") and also for the transfer of the poramboke lands. This was necessitated a s several multi-national companies, non-resident industrialists and local entrepreneurs are evincing keen interest in investing in Tamil Nadu, particularly round about Chennai. THE Government of Tamil Nadu accorded sanction for the acquisition of the lands under the urgency provisions of the Act in G.O.Ms.No.61 Industries (MID-II) Department, dated 24.2.97.

(2.) FOR the purpose of convenience, the total extent of 935.52.0 Hectares was divided into 8 blocks. The notification under Section 4(1) was published in the Government Gazette on 25.9.97. The said notification was published in the newspapers on 12.10.97 and in the locality on 3.11.97. Since urgency provision had been invoked, the declaration under Section 6 of the said Act was published in the Government Gazette on 13.11.97. in the newspapers on 23.11.97 and in the locality on 3.12.97.

(3.) MR. Jeevarethinam, the learned counsel for the petitioner in W.P.No.1711 of 1999 contended that the petitioner has purchased a small plot for the purpose of constructing a house. The said land is surrounded by hospitals and as such in this area the industries cannot be permitted to be established, as it may cause injury to the health of the patients who are undergoing treatment in such hospitals. The petitioner has also made representation to the authorities for exempting their land from acquisition. The said representation is lying over and no order has been passed till date. When once the industries cannot be started in the area, the acquisition of the land for the said purpose cannot be sustained.