Non-compliance of Rule 3(b) of the Tamil Nadu Land Acquisition Rules renders the declaration under Sec.6 of the Act liable to be quashed.

K.P.Sivasubramaniam, J.

This writ appeal is directed against the order of the learned single Judge in W.P.No.12598 of 1991, dated 17. 1999.

2. In the writ petition, the petitioners/appellants sought for quashing the notification of the first respondent under Sec.4(1) of the Land Acquisition Act (hereinafter referred to as ‘the Act’) in G.O.Ms.No.126, Home Department, dated 21. 1974, and declaration under Sec.6 of the Act in G.O.Ms.No.1267, Home Department, dated 18. 1991.

3. According to the petitioners, they belong to the same family, being the joint owners of the Lands in Survey No.1293/1 part and S.No.1295/3 of Narasinganallur Village, Tirunelveli Taluk, Tirunelveli District. The impugned notification under Sec.4(1) of the Act was issued to acquire the said lands for the purpose of constructing quarters for police subordinate of Pettai police station. After conducting an enquiry and over-ruling the objections, the first respondent made a declaration under Sec.6 of the Act on 21. 1999 An ward was passed on 4. 1982. The petitioners thereupon filed W.P.No.975 of 1982 to quash the declaration. The said writ petition was ultimately allowed by an order dated 17. 1990 by this Court with liberty to the respondents to proceed afresh from the stage of enquiry under Sec.5-A. An enquiry was conducted on 27. 1991 and on behalf of the petitioners their power agent Thiru Abdul Hameed appeared for the enquiry and objected to the acquisition proceedings. The petitioners contend that there was no compliance of Rule 3(b) of the Tamil Nadu Land Acquisition Rules (hereinafter referred to as ‘the Rules’) framed under Sec.55(1) of the Act. The remarks of the requisitioning body was never forwarded to them and there was no proper enquiry after forwarding of the remarks of the acquiring authority. Therefore, the entire, proceedings are liable to be set aside.

4. It is not necessary to refer to the other allegations contained in the affidavit, having regard to the scope of the disposal of the present writ appeal.

5. With reference to the allegation of non-compliance of Rule 3(b) of the Rules, in the counter filed to the writ petition, the respondents had contended that according to Sec.5-A of the Act, if any objection petition was received within thirty days from the date of the publication of the notification under Sec.4(1) of the Act, an opportunity has to be given to the objector as per Rule 3(b) of the Rules. In the present case, notification under Sec.4(1), of the Act was published in the Tamil Nadu Government Gazette dated 12. 1974. In the present case, the High Court had issued direction to the effect that the Land Acquisition Officer can proceed afresh that the Land Acquisition Officer can proceed afresh from the stage of enquiry under Sec.5-A of the Act. Therefore, according to the respondents, the petitioners ought to have filed their their objections before the Land Acquisition Officer immediately after the pronouncement of the judgment of the High Court. But the petitioners did not sent their objections within the time stipulated under Sec.5-A of the Act. Further, the petitioners did not send their objections within the time stipulated as per the public notice issued by the Revenue Divisional Officer on 26. 1991 and therefore, the remarks of the requisitioning body on the objections were communicated to the petitioners through the proceedings under Sec.5-A of the Act.

6. Learned single Judge who heard the matter, agreed with the contentions raised by the respondents and dismissed the writ petition. Hence, the present writ appeal.

7. A perusal of the stand taken by the respondents in the counter as stated above, with reference to the compliance of Rule 3(b) of the Rules shows that the defence is two-fold. ‘Firstly, the objections were not sent within thirty days from the publication of Sec.4(1) notification of the Act and that, secondly, at any rate, the objections were not sent within the time stipulated as per notice iss