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2006 Supreme(Mad) 2151

P.K.MISRA, K.MOHAN RAM, M.JAICHANDREN
R. Pari – Appellant
Versus
The Special Tahsildar & Another – Respondent


Appearing Advocates:For the Petitioner:S. Parthasarathy, Senior Advocate Sarvabhauman & Associates In W.P.Nos.3604 & 4017 and for Mythili Suresh in W.P.No.5396 of 1996, M.V. Krishnan in W.P.No.3414 of 1996, Natarajan in W.P.Nos.4001 to 4004 of 1996 for Anand Das Gupta & Sagar, N. Damodaran in W.P.No.5362 of 1996, Hafiz Ali for Mr.I. Mahaboof Sheriff in W.P.No.6732 of 1998, Advocate. For the Respondents:P.S. Raman, Additional Advocate General Assisted. P. Subramanian, Govt. Advocate.

Judgment :-

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



























































































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