2009 Supreme(Mad) 2660

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K.N. BASHA
Victor Devasahayam
Versus
The Collector Thiruvallur District & Another
Writ Petition No.2557 of 2003
Decided on: 27-07-2009

Ratios:
a. Right to property is a human and Constitutional right and cannot be infringed by adopting arbitrary and unreasonable procedure depriving the owner of the land to put forward his objections.
b. Object of serving notice on the owners is to give opportunity to them or the interested persons to make their objections. So, the procedure prescribed has to be strictly followed
c. Report of Special Tahsildar on the acquisition of land has to be served on the owners to enable them to raise their objections.
d. Notice has to be served individually on the owners and in case owners reside elsewhere, it has to be served by registered post.
e. Service of notice by affixture is not a prescribed mode of service of notice under the Act.
f. When the postal receipt does not disclose door number of the addressee and in the absence of acknowledgment, presumption of due service under Sec. 27 cannot be invoked.

Headnote:(A) Constitution of India-Art.300A-Tamil Nadu Acquisition of Land for Adi-dravidar Welfare Schemes Act, 1978 (31 of 1978)-Sec.3, 4-General Clauses Act, 1897 (10 of 1897)-Sec.27-Land acquisition- Adi-dravidar Welfare- Notice-Service-Registered post-Presumption-Affixture-Right to property-Human rights-Respondents issued notification for acquisition of land-Prior notice was allegedly served by registered post and affixture-Petitioner challenged the notification and alleged absence of notice-Held, Right to property is a human right and also a constitutional right and it cannot be deprived or violated in an arbitrary manner-Notice has to be personally served and notice by affixture is not contemplated under the Act-Service of notice not proved-Notification set aside and liberty given to commence fresh proceeding if necessary-Writ petition allowed.

       (B) Tamil Nadu Acquisition of Land for Adi-dravidar Welfare Schemes Act, 1978 (31 of 1978)-Sec.3, 4- General Clauses Act, 1897 (10 of 1897)-Sec.27-Land acquisition- Notice-Service-Registered post-Presumption-When the postal receipt does not disclose door number of the addressee and in the absence of acknowledgment, presumption of due service under Sec. 27 cannot be invoked.

       As far as the petitioner is concerned, the postal receipt does not disclose the door number of the house of the petitioner. Therefore, it cannot be stated that the said notice was sent to the correct address of the petitioner. Assuming that the respondents herein despatched notices through the registered post with acknowledgement due, still, it cannot be considered to have been despatched to the correct address of the petitioner herein and as such even as per the provision under Section 27 of the General Clauses Act, the notice could not deemed to have been served on the petitioner as the said notice was not despatched to the correct address. Para 8

       (C) Tamil Nadu Acquisition of Land for Adi-dravidar Welfare Schemes Act, 1978 (31 of 1978)-Sec.3, 4-Land acquisition- Adi-dravidar Welfare- Notice-Service-Registered post-Affixture-Notice has to be served individually on the owners and in case owners reside elsewhere, it has to be served by registered post-Service of notice by affixture is not a prescribed mode of service of notice under the Act.

       The procedure, as per that provision, is to serve the notice individually to all the owners or to the interested persons and if they are residing elsewhere than at the place where the land is situated, the notice must be served by registered post with acknowledgement due. There is no contemplation of any provision of affixing the notice. Para 11

       (D) Constitution of India-Art.300A-Tamil Nadu Acquisition of Land for Adi-dravidar Welfare Schemes Act, 1978 (31 of 1978)-Sec.3, 4-General Clauses Act, 1897 (10 of 1897)-Sec.27-Land acquisition- Adi-dravidar Welfare- Report-Notice-Service-Object- Object of serving notice is to give opportunity to the land owners or the interested persons to make their objections. So, the procedure prescribed has to be strictly followed-Report of Special Tahsildar has to be served on the owners to enable them to raise their objections.

       Serving of the notice under Section 4(2) of the Act as per the procedure contemplated under Rule 3(1) of the Rules is not a mere empty formality and the object of serving such notice is to give opportunity to the land owners or the interested persons to make their objections. Therefore, the procedure contemplated under Section 4(2) of the Act and rule 3(1) of the Rules should be followed scrupulously by serving notice to the owner of the property or to the interested person and further after the submission of the report of the Special Tahsildar or the authorised officer, the report should be furnished to the owner of the land or the interested person affording opportunity to give further representation, otherwise it would result in grave prejudice to the said person. Para 20

       (E) Constitution of India-Art.300A-Tamil Nadu Acquisition of Land for Adi-dravidar Welfare Schemes Act, 1978 (31 of 1978)-Sec.3, 4- -Land acquisition- Adi-dravidar Welfare- Right to property-Human rights-Right to property is a human and Constitutional right and cannot be infringed by adopting arbitrary and unreasonable procedure depriving the owner of the land to put forward his objections.

       Right to property is a human right and also a constitutional right and such right cannot be infringed by adopting arbitrary and unreasonable procedure depriving the owner of the land to put forward his objections.

       Para 20