T R VELAYUDHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petitions arise under the Land Acquisition Act to call for the records pertaining to issue of S. 4(1) Notification under the Land Acquisition Act made in G. O. Ms. No. 433 Housing and Urban Development dated 14-5-1990 published in the Tamil Nadu Government Gazette on 11-6-1991 in respect of the petitioners' lands at Sholinganallur village, Saidapet Taluk, Changalpattu District and quash the acquisition proceedings in pursuance of the said S. 4(1) Notification and Declaration under S. 6 of the Land Acquisition Act.

(2.) The petitioners' case is that their lands were proposed to be acquired for the purpose of Tamil Nadu Housing Board Neighbourhood Development Scheme by issue of S. 4(1) Notification under the Land Acquisition Act in G. O. Ms. No. 433 Housing and Urban Development dated 14-5-1990. The same was published in the Tamil Nadu Government Gazette on 23-5-1990. The paper publication was made in two Daily Newspapers on 4-6-1990. Publication in locality was made on 19-6-1990. Learned counsel has argued that the second respondent has not caused any publication in the locality as contemplated under R. 1 of the Rules framed under S. 55(1) of the Land Acquisition Act. Learned counsel has further argued that R. 1 is mandatory and non-compliance of the same vitiates the land acquisition proceedings. The enquiry under S. 5A was conducted on 26-2-1991. Declaration under S. 6 of the Land Acquisition Act was made in G. O. Ms. No. 948 dated 7-6-1991. Learned counsel has further argued that the respondents have not conducted any enquiry as envisaged under R. 3(b) of the Land Acquisition Rules. Learned counsel for the petitioner has argued that on that ground also, the entire proceedings are vitiated. Learned counsel for the petitioners has brought to the notice of this Court the Land Acquisition (Tamil Nadu) Rules framed under S. 55(1) of the Land Acquisition Act 1 of 1894 as amended by the Land Acquisition (Amendment) Act XXXVII of 1923. Rule 1 of the abovesaid Rules reads thus :

(3.) Counter affidavits have been filed by the respondents stating that notification under S. 4(1) was published in the Gazette on 23-5-1990 and it was published in Tamil Dailies viz. 'Dinakaran' on 4-6-1990 and Murasoli on 5-6-1990. The notification was also published in the Village and other public places on 19-6-1990. The respondents have denied the contention of the petitioners that the second respondent has not caused any publication of the Notification in the locality as contemplated under Rule 1 of the Rules framed under S. 55(1) of the Land Acquisition Act. It is also stated in the counter that the remarks of the Tamil Nadu Housing Board-acquisitioning body have been forwarded to the petitioners by Registered Post Acknowledgment Due on 1-3-1991. But the same has been returned 'unserved'. It is also stated in the counter that notice under Rule 3(b) has been served by affixture on the petitioners' lands on 26-4-1991. It is stated that the petitioner in W. P. No. 12333 of 1991 alone has appeared for the enquiry and she has given her statement.