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1976 Supreme(Mad) 550

S.MOHAN
R. Manickam and others – Appellant
Versus
The Union Territory of Pondicherry, represented by Chief Secretary to Government of Pondicherry and another. – Respondent


Advocates:
.K. Venugopal, for J. Stanislas, for Petitioner in W.P. No. 688 of 1975.
K.K. Venugopal, for M. Krishnappan, for Petitioners in W.P. Nos. 6480, 6481 of 1975 and 43 of 1976.
V.K. Thiruvenkatachari, for Government Pleader, for Pondicherry, in W.P. No. 6480 of 1975.
C. Krishnan, Government Pleader, for Pondicherry, for Respondent in W.P. Nos. 688 of 1975 and 43 of 1976.

ORDER.-All these three writ petitions can be conveniently dealt with under a common judgment. It would be sufficient to note the facts in W. P. No. 6480 of 1975 alone, since the same question of law arises in all these cases.

2. The Government of Pondicherry issued a notification under section 4 (1) of the Land Acquisition Act of 1894 (hereinafter referred to as the Act) for acquiring certain lands in Korkadu village for the purpose of providing house-sites for Harijans. The said notification included the petitioner’s lands. The notification is on the date, 9th of April, 1974. The petitioner filed the objections for the. statutory enquiry under section 5-A of the Act. Those objections were overruled and section 6 declaration was issued in G.O. Ms. No. 28, dated 16th July, 1975. It was published in the Gazette of the Government of Pondicherry on 29th July, 1975. The petitioners were served with the notice under sections 9 and 10 of the Act. On a request made by the petitioners the enquiry as adjourned to 16th October, 1975. It is under these circumstances the writ petition has been preferred.

3. In attacking the land acquisition proceedings the following grounds are urged in the affid


































































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