The main legal point established is that the power under Section 4(1) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 is vested with the District Collector and cannot be delegated.

Heard the learned counsel appearing for the parties.

2. The petitioners have prayed for quashing the proceedings in Na.Ka.Em5/29142/96 dated 03.04.1998, acquiring the petitioners' nanja wet land in RS.No.52/2B (0.05.0 Ha.) in Elandurai Village of Tirukoilur taluk, in purported exercise of power under section 4(1) of the Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act, 1978 hereinafter called as 'the State Act'. Though several contentions have been raised by the learned counsel appearing for the petitioners, it is not necessary to notice all such contentions, as in my opinion, the contention relating to lack of jurisdiction of the District Revenue Officer to exercise power under Section 4(1) of the State Act is well founded.

Section 4(1) is extracted hereunder:

Power to acquire land.- (1) Where the District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section.

3. It is not disputed that in the present case, the notification was issued by the District Revenue Officer, Villupuram. The contention of the petitioner is to the effect that under Section 4(1) of the State Act, the statutory power has been conferred on the District Collector to come to necessary conclusion regarding acquisition of any land under the State Act, and as such the power cannot be exercised by the District Revenue Officer.

4. In support of the aforesaid contention, the learned counsel for the petitioner has cited a decision in The Land Acquisition Officer and Special Tahsildar (LA), Adi Dravida Welfare, Coimbatore and and another Vs. R.Manickammal and others reported in(2002(2) CTC 1). The observation made in the said decision is to the effect;

".........A decision to acquire a land by the Collector has to be exercised only by the Collector by application of his mind independently and the Legislature did not provide any power of delegation............ It is well settled law that when the Legislature did not name any other authority for the exercise of powers and names only a particular authority, only that particular authority has to exercise the power and nobody else."

5. The learned counsel appearing for the respondent on the other hand submitted that unlike the Land Acquisition Act,1894, hereinafter referred to as "The Central Act", the expression Collector has not been defined in the present 'State Act' and therefore, the meaning of the word Collector as defined in the General Clauses Act, according to which the Collector means Chief Revenue Officer of the District may be adopted. It has been therefore, submitted that the District Revenue Officer is also a Chief Revenue Officer of the District and therefore it can be said that the District Revenue Officer being the Collector can also exercise power under section 4(1) of the State Act.

6. Even though such a contention may be attractive on the face of it, on closer scrutiny, the contention is not acceptable.

Section 16 of the State Act is to the following effect:

"16. Delegation of functions - The Government may, by notification in the Tamil Nadu Government Gazette, direct that any power conferred or any duty imposed on them by this court except the power to make rules, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged also by the District Collector.

Explanation – For the purpose of this section "District Collector" shall include the District Revenue Officer."

7. From the explanation to section 16, it is apparent for the purpose of the said section, the expression District Collector shall include District Revenue Officer. Section 16 empowers the Government to delegate any power conferred or any duty imposed on the Government by 'the State Act' to the District Collector by notification. It is to be notic