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1976 Supreme(Mad) 454

S.MOHAN
N. Krishnappa Mudaliar and another – Appellant
Versus
The Government of Tamil Nadu represented by Secretary, Housing Department, Fort St. George, Madras-9 and another – Respondent


Advocates:
P. Narasimhan, for Petitioner.
N. R. Chandran, for Government Pleader, for Respondents.

ORDER.- The acquisition in the instant case is for formation of a Harijan Colony. Section 4 (1) notification was made on 22nd January, 1975. Notice relating to enquiry under section 5-A was served on the petitioner on 14th March, 1975, informing that the enquiry would take place-on 10th April, 1975. The petitioner preferred his objections.|However, the enquiry was adjourned to 30th May, 1975. At that stage the present writ petition has-been preferred to quash the notification under section 4(1) dated 22nd January, 1975.

2. The only contention that is urged by Mr. P. Narasimhan, the learned counsel for the petitioner is that there is a violation of the Board’s Standing Order 90, paragraph (9), in that thirty days’ time had not elapsed from the date of service of the notice of section, 5-A enquiry. This contention is not tenable for two reasons. All that the Board’s Standing Order 90, paragraph (9) states, is:

"Immediately after the publication of the notification under section 4 (1), the Collector shall issue a notice stating that the land is needed or is likely to be needed, as the case may be, for a public purpose and requiring all persons interested in the land to lodge before the









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