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2002 Supreme(Mad) 1519
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE E. PADMANABHAN
Gurusamy Gounder - Appellant
Versus
State of Tamil Nadu & Others - Respondents
W.P. NO. 3323 OF 1999 AND W.M.P. NO. 4732 OF 1999
Decided On : 17 December 2002
The main legal principle established is that The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, is exclusively for the benefit of harijans and does not allow acquisition for persons other than harijans.
Headnote:
Acquisition - Tamil Nadu Acquisition of Land for Harijan Welfare Schemes - Section 4(2) of Act, 1978 - Summary of Acts and Sections: The court discussed the provisions of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, particularly focusing on Section 3(g) defining 'Harijan Welfare Scheme', Section 4 allowing land acquisition for such schemes, and Section 20 ceasing the application of The Land Acquisition Act, 1894. The court emphasized that the Act is exclusively for the benefit of harijans and does not allow acquisition for persons other than harijans.
Fact of the Case:
The petitioner sought to quash a notice issued for the acquisition of land for providing burial ground and pathway to a proposed burial ground to the Samathuvapuram families. The petitioner argued that such acquisition is beyond the scope of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, as it is not exclusively for the benefit of harijans.
Finding of the Court:
The court found that the acquisition for the proposed purpose, which includes residents other than harijans, is illegal and without jurisdiction under the Act. The court emphasized that the Act is exclusively for the benefit of harijans and does not allow acquisition for persons other than harijans.
Issues: The main issue was whether the lands could be acquired under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, for provision of burial ground and pathway to the residents of Samathuvapuram.
Ratio Decidendi: The court held that the Act is exclusively for the benefit of harijans and does not allow acquisition for persons other than harijans. The proposed acquisition for the heterogeneous society of Samathuvapuram, which includes residents other than harijans, is beyond the scope of the Act.
Final Decision: The court quashed the impugned notice and allowed the writ petition, stating that the acquisition for the proposed purpose is illegal, impermissible, and without jurisdiction under the Act. The parties were directed to bear their respective costs.
1. The writ petitioner, owner of survey No.897/2 Part, measuring 0.28.5 Hectares in Anthiyur Village, Bhavani Taluk, Erode District, has prayed for the issue of a writ of certiorari to call for and quash the notice issued by the 3rd respondent, Special Deputy Tahsildar, Adi Dravidar Welfare, Erode in his office Ref. No.3201/98 A dated 21.1.99 issued in Form No.I.
2. The 3rd respondent issued a notice under Section 4 (2) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 read with Rule 3 (1) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules, 1979. The 3rd respondent issued Form I notice in respect of the schedule mentioned lands situate in Anthiyur Village, Bhavani Taluksetting out that the lands are necessary to be acquired for the purpose of providing burial ground and pathway to proposed burial ground to the Samathuvapuram families of Anthiyur Village. On the service of the said notice, the present writ petition has been filed praying for the issue of a writ of certiorari, as according to the petitioner no acquisition of land could be undertaken under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, for the schemes which are not provided under the Act and the action of the 3rd respondent is without jurisdiction. The requirement of land being for the purpose of burial ground and pathway for Samathuvapuram, the lands cannot be acquired under the Tamil Nadu Act and proposal to acquire lands under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, is beyond the scope of the Act and such acquisition is without authority of law.
3. Heard Mr.R.Shanmugam, learned senior counsel appearing for Mr.S.Ravi, for the petitioner and Mr.S.Gomathinayagam, learned Special Government Pleader appearing for the respondents.
4. The substantial contention that arise for consideration in this writ petition being :-
"Whether the lands could be acquired under The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, for provision of burial ground and pathway to the residents' of Samathuvapuram ?"
5. Mr. R.Shanmugam, learned senior counsel contended that acquisition for the residents' of Samathuvapuram will not fall under the Harijan Welfare Scheme as defined under Section 3 (g), as Scheduled Caste/Scheduled Tribe are not the exclusive residents' of Samathuvapuram but majority residents belong to other castes. Acquisition, if any, under the Tamil Nadu Act, 1978, could be for Scheduled Caste of Scheduled Tribe. Such acquisition could be undertaken only if it is for the exclusive user of Scheduled Caste of Scheduled Tribe and not for persons other than Scheduled Caste of Scheduled Tribe.
6. The concept of formation of Samathuvapuram at fifty places in the State was sanctioned by the State Government by G.O. (Permanent) No.171, Adi Dravidar & Tribal Welfare Department, dated 22.10.97 on the eve of the 50th Independence Day Celebrations with the object of providing house sites to all without any discrimination. In terms of the said G.O., Samathuvapuram should at least provide for 100 houses of five cents of land each and lands will be allotted to Scheduled Caste of Scheduled Tribe, Backward Classes, Most Backward Classes and Other Communities freely and each one of them is granted Rs.35,000/= to put up construction. The G.O. provides for provision of roads, water facilities, electricity facility, street lighting at the cost of the Government, besides overhead tank, shop for Public Distribution System, Television, Park and other facilities common to all as well as an elementary school. The object being irrespective of the caste or creed, the 100 families should live together as equals and as homogeneous society. Allotment also should be made for various communities not under one category, but it should be seen that the allotments are made at random so that everyone gets mixed and live together. While allotting plots and houses, 40% has to be
