Any law providing for acquisition of land has to satisfy test of procedural reasonableness.

P.K. Misra, J.

The questions referred to the Full Bench for determination in the context of Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) hereinafter referred to as "the Act" are as follows:-

i) Is it necessary for the Collector to give a personal hearing to the owner in the context of his objections and the remarks of the Tahsildar?

ii) Is the owner entitled to a copy of the report of the Special Tahsildar or not?

iii) Should the Collector record his reasons in his order while dealing with the objections of the owner?

2. Before considering these questions, a brief introduction is required. The Act was enacted in the year 1978 to provide for acquisition of land for Harijan Welfare schemes. As soon as the Act was enacted, it was mired in legal controversy and its validity was challenged. The Madras High Court, by its Judgment dated 09.09.1981 declared that the Act was ultravires of the Constitution of India. However, in appeal, the Supreme Court upheld the validity of the Act except sub-section (1) of Section 11 to the extent that such provision provided that the compensation shall be paid in instalments. Such decision of the Supreme Court is reported in Air 1995 Sc 2114 Equivalent To (1995) 1 Scc 519 (State Of Tamil Nadu And Others V. Ananthi Ammal And Others)

3. The relevant provisions may be noticed.

3.1 Under Section 3(g) of the Act, "Harijan Welfare Scheme" means, "any scheme for provision of house-sites for Harijans for constructing, extending or improving any dwelling-house for Harijans or for providing any burial or burning grounds for Harijans or for providing any pathway leading to such dwelling-house, burial or burning grounds, or for providing any other amenity for the benefit of Harijans".

3.2. Under Section 3(f) of the Act, "Harijan" means "members of the scheduled Castes and include Scheduled Tribes;

(Explanation) (1) "Scheduled Castes" means the castes, races or tribes or parts of, or groups within, castes, races or tribes specified in the Constitution (Scheduled Castes) Order, 1950, made by the President under Article 341 of the Constitution as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976).

(2) "Scheduled Tribes" means the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in the Constitution (Scheduled Tribes) Order, 1950 made by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 (Central Act 108 of 1976)."

3.3. Section 4 of the Act is extracted hereunder:

"Section 4 – Power to acquire land – (1) Where the District Collector is satisfied that, for the purpose of any Harijan Welfare Scheme, it is necesary 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.

(2) Before publishing a notice under sub-section (1), the District collector or any officer authorised by the District Collector in this behalf, shall call upon the owner or any other person, who, in the opinion of the District Collector or the officer so authorised may be interested in such land, to show cause why it should not be acquired.

(3) (a) The District collector may, where he has himself called upon the owner or other person to show cause under sub-section (2), pass such orders as he may deem fit on the cause so shown;

(b) Where any officer authorised by the District Collector has called upon the owner or other person to show cause under sub-section (2), the officer so authorised shall make a report to the District Collector containing his recommendations on the cause so shown for the decision of the District collector. After considering such report, the District Collector may pass such orders as he may deem fit."

4. Section 23 of the Act empowers the Government to make rules. The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Rules 1979