N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, J. C. SHAH, K. N. WANCHOO, S. M. SIKRI
State Of Madras: Special Tehsildar No. 1 Land Acquisition, Lignite Project At Vriddachalam: State Of Madras: Neyveli Lignite Corporation, Attorney General For India, Advocates General For The State Of Maharashtra And Rajasthan – Appellant
Versus
D. Namasivaya Mudaliar: M. Savarimuthu, Zachrias Padayachi: N. S. Karuppiah Nadar, Krishna Nair, Bhavani Ammal, Mohamad Kasim Rowther, M. Savarimuthu, Zachrias Padayachi: N. S. Karuppiah Nadar, Krishna Nair, Bhavani Ammal, Mohamad Kasim Rowther, M. Savari – Respondent
Judgment
SHAH, J. :
Whether Ss. 2 and 3 of the Madras Lignite (Acquisition of Land) Act XI of 1953 which seek to Amend the Land Acquisition Act I of 1894 in their application to acquisition of lignite bearing lands are invalid because they infringe the fundamental right under Art. 31 of the Constitution or owners of lands whose property is to be compulsorily acquired is the only question which falls to be determined in this group of appeals.
2. Investigations conducted by the Geological Survey of India in 1947 revealed deposits of lignite in the South Arcot District of the State of Madras, and exploratory mining operations were commenced by the Government of Madras. Discovery of deposits of lignite led to speculation in lands. On October 6, 1948, the Government of Madras issued a "Press-Note" announcing that the Government proposed to undertake legislation reserving power to compel any person who had purchased land on or after a date to be prescribed in 1947 in the lignite bearing areas to sell such lands to the Government at the rate at which it was purchased. The Government also advised the owners of the lignite bearing lands in the Vridhachalam and Cuddalore taluks not to sell thei
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