M. N. CHANDURKAR (C J)

The main question which really arises in this appeal does not relate so much to the validity or otherwise of the land acquisition proceedings, but to the basic question with regard to the exercise of discretion under Art. 226 of the Constitution. of India in respect of land acquisition proceedings which were commenced by notification under S.4 of the Land Acquisition Act (hereinafter referred to as the Act), dt. 8-5-1975, which were really substantially challenged by an amendment to the original writ petition some time in the year 1986, that is, almost after eleven years.

2. The notification under S.4 of the Act relating to 42.19 acres of land belonging to the original petitioner, present respondent 1, hereinafter referred to as the petitioner, was issued on 8-5-1975. The public purpose stated in the notification was the implementation of housing schemes to meet the demand made by various sectors of the population under Kalaingar Karunanidhi Further Extension Scheme. An enquiry was made under S.5A of the Act, but that was only with reference to 28.42 acres of land because at the instance of the petitioner 13.77 acres were exempted from acquisition.