Mandatory Provisions of State Act not complied.

By consent of both parties, the main writ petition itself is taken up for final hearing.

2. On 21. 1996, I passed the following order after hearing the counsel for the petitioner:

"It is contended by the petitioner that the mandatory requirements contemplated under Sec.4(2) of the Act 31 of 1978 has not been complied with at all and the respondents have straight away proceeded with the publication in the Gazette about the acquisition and issued notice under Sec.5(1) of the Act. The Government Pleader is directed to produce the records before this Court on the adjourned hearing date, in order to verify whether the statement made by the petitioner is correct or false. Past the writ petition for orders on 12. 1996. There will be an interim stay of dispossession till 12. 1996. Notice“.

3. Today, the learned Government Pleader placed the records before this Court and argued the case on the basis of the instructions received by him. Admittedly, the procedure contemplated under the provisions of the Act 31 of 1978 has not been followed. The respondents have treated the notices issued under the provisions of the Central Act as sufficient for the purpose of notice under Sec.4 of the Tamil Nadu Land Acquisition Act. Without following the procedure provided under the Act 31 of 1978, proposals were sent to the Collector, Tirunelveli. The contention raised on behalf of the respondents that no fresh notice need be issued to the land owners under Act 31 of 1978 and such a notice does not arise in this case, cannot at all be accepted. This Court in N.Loganathan v. The Special Tahsildar, A.D.W. Tiruvellore, W.P. No. 16934 of 1995 dated 112. 1995, deprecated such practice. Sec.4 of Act 31 of 1978 and Sec.5 and Rule 3, which are relevant for the purpose of disposing of this case are extracted below:

”Sec.4: Power to acquire land: (1) Where the District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary 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-sec.(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-sec.(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-sec.(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. Sec.5: Land acquired to vest in Government free from all encumbrances: When a notice under Sub-sec.(l) of Sec.4 is published in the District Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published vest absolutely in the Government free from all encumbrances. “

Rule 3: Procedure for acquiring Land: (i) The District Collector or the Officer authorised by him in this behalf shall serve a show cause notice in Form I under Sub-sec.(2) of Sec.4 individually on the owner or on all persons interested in the land to be acquired. If the owner or any other person interested in the land resides elsewhere than where the land is situated, the show cause notice shall be sent by registered post (Acknowledgement Due) to the last known address of the owner or any other person interested, (ii) The District Collector, if after passing such orders as required by Sub-secs.(2) and (3)